Title 9 Part 6654 NYCRR — browse free

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Compiled text through Mar 31, 2022 - Dec 27, 2023 across sectionsRegister checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 6654.1 - Licensure and safety requirements

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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

All services under this Chapter must meet all applicable Federal, State and local licensure and safety requirements.

9 NYCRR 6654.2 - Outreach, training and coordination requirements

Compiled text through Mar 31, 2022

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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

Service providers must comply with any outreach, training and coordination requirements established by the area agency. All workers delivering services must be appropriately qualified, selected, trained and supervised as specified in this Part.

9 NYCRR 6654.3 - Concentration of services on target population

Source text available - table layout pending

LawEngine holds a witnessed source copy of this section. We are not showing the text inline until its table/list layout can be preserved exactly. We checked the State Register through July 29, 2026/Vol. XLVIII, Issue 30; no later activity found for this section.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
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

9 NYCRR 6654.4 - Means-testing

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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)A services provider:

(1)under OAA (whether using Federal or matching funds or contributions) or, except as provided in subdivision (b) of this section, under CSE (whether using State or matching funds or contributions):

(i)may not deny or restrict services to an elderly person because of the level of that person's income or resources;

(ii)may not require an elderly person to disclose information about income or resources as a condition of receiving services;

(2)under EISEP (whether using State or matching funds or, except as provided in subdivision [c] of this section, proceeds from required cost-sharing or, to the extent provided in subdivision [b] of this section under CSE), may not deny or restrict services to an elderly person because of the level of that person's income or resources, if such person provides required cost-sharing pursuant to this Chapter;

(3)must attempt to determine whether a elderly person is eligible for the same or a substantially similar service available from another government program in the area to elderly people with specified levels of income or resources, and shall assist such person in obtaining such service from such source or, pursuant to arrangements to obtain reimbursement from such source for services to eligible individuals, supply or arrange for the provision of service to such individual;

(4)may inquire about income and resources for the purpose of identifying other resources and benefits for which the individual may be eligible, for reporting to the office, and, under EISEP, to determine the appropriate level of cost-sharing;

(5)must coordinate services with other similar providers in the area to avoid duplication of available services; and

(6)shall, when it appears that an elderly person seeking assistance may be eligible for services from another source, advise the elderly person of the other service source and offer to assist the individual in obtaining services from the other source.

(b)In any years for which an area agency receives EISEP services funds under its area plan, any CSE projects under that area plan providing similar nonmedical in-home, noninstitutional respite, or case management services shall, with respect to all new clients not previously participating under such CSE project, be covered by paragraph (a)(2) of this section.

(c)The proceeds of required cost-sharing from EISEP participants may, at the option of the area agency, be used to expand CSE services or to expand EISEP services.

9 NYCRR 6654.5 - Contributions

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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)Under OAA and, except as provided in subdivision (e) of this section, CSE service providers must:

(1)provide each elderly person a free and voluntary opportunity to contribute to the cost of the service;

(2)protect the privacy of each elderly person about any contribution;

(3)establish and observe procedures to safeguard and account for all contributions as specified by the office; and

(4)use all contributions to expand services of the provider. OAA nutrition providers must use all contributions to expand the number of meals served by the project, to facilitate access to such meals, and to provide other supportive services (transportation, escort, shopping assistance, information and referral, and recreation) directly related to nutrition services.

(b)Under OAA and, except as provided in subdivision (e) of this section, CSE service providers may develop voluntary, suggested fee schedules for approval by the area agency and the office. In developing such schedules, service providers shall consider the income ranges of elderly people in the community and the provider's other sources of income.

(c)Except as provided in section 6654.6 of this Part, no provider may deny services to or discriminate against any elderly person in the delivery of service because the person did not contribute.

(d)Contributions are program income.

(e)In any years for which an area agency receives EISEP services funds under its area plan, any CSE projects under that area plan providing similar nonmedical in-home, noninstitutional respite, or case management services shall, with respect to all new clients not previously participating under such CSE project, be covered by section 6654.6 of this Part.

(f)The proceeds of required cost-sharing from EISEP participants which, at the option of the area agency, are used to expand CSE services shall be considered CSE funds for the purposes of these regulations.

(g)Persons requested to cost-share under subdivision (e) of this section or under section 6654.6 of this Part shall not be asked to make a contribution to the cost of the EISEP-funded services.

9 NYCRR 6654.6 - EISEP cost-sharing

Source text available - table layout pending

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
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

9 NYCRR 6654.7 - OAA providers' maintenance of effort

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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

Each OAA provider must:

(a)ensure that OAA funds are not used to replace funds from nonfederal sources; and

(b)agree to continue or initiate efforts to obtain support from private and other public sources for services funded through OAA.

9 NYCRR 6654.8 - Views of participants

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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

Each service provider must develop and implement procedures to obtain the views of program participants about the services they receive. Copies of records of such views shall be maintained for at least five program years and shall be available to the area agency for inspection upon request.

9 NYCRR 6654.9 - Multipurpose senior centers

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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)Area agencies may award OAA funds to public or private not-for-profit agencies to:

(1)acquire, alter, lease or renovate a facility, including a mobile facility, for use as a multipurpose senior center;

(2)construct a facility, including a mobile facility, for use as a multipurpose senior center, if the office approves such construction after finding that no suitable facility exists or may be leased to be a focal point for service delivery; or

(3)provide professional and technical personnel to staff the multipurpose senior center.

(b)In making such awards, the area agency shall give preference to facilities in communities with the greatest incidence of elderly people with greatest economic or social need, with particular attention to low-income minority individuals.

(c)Recipients of such awards must comply with all applicable State and local health, fire, safety, building, zoning and sanitation laws, ordinances and codes, including those related to the structural soundness of load-bearing members.

(d)Plans and specifications for acquiring, altering, renovating or constructing a multipurpose senior center facility under OAA must comply with regulations relating to minimum construction and labor standards, particularly the Federal Architectural Barriers Act of 1968 and the Davis- Bacon Act.

(e)A multipurpose senior center facility must:

(1)if acquired for such use with funds under an area plan, be used for such purpose for at least 10 years after its acquisition; or

(2)if constructed for such use with funds under an area plan, be used for such purpose for at least 20 years after completion of construction.

(f)If use of a facility does not comply with subdivision (e) of this section, then the office or, if OAA funds were used, the Federal government, may recapture the proportion of the current value of the facility which is equal to the proportion of funds contributed to the original cost, as determined by agreement with the facility owner or by a judicial action in a court of competent jurisdiction.

(g)A facility altered, renovated or constructed with funds under an area plan may not be used and may not be intended to be used for sectarian instruction or as a place for religious worship.

(h)An area agency may award OAA funds under this section only if sufficient funds are available from other sources to meet the nonfederal share, and to effectively use the facility as a multipurpose senior center.

(i)If the facility is shared with other age groups, funds under this section may support only:

(1)that part of the facility used by elderly people; or

(2)a proportionate share of the costs, based on the extent of use of the facility by elderly people.

9 NYCRR 6654.10 - OAA, WIN, CSI and CSE-funded nutrition services

Compiled text through Dec 27, 2023

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Current section with Register check
Compiled text through: Dec 27, 2023
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: AGE-02-23-00020-A · Adopted rule · Dec 27, 2023
Source snapshot: Jun 24, 2026

(a)Area agency responsibilities. These responsibilities are in addition to requirements specified in this Title. (1) The area agency must use funds received from this office for the establishment and operation of congregate and home delivered nutrition services programs that serve to: (i) reduce hunger and food insecurity; (ii) promote socialization of older individuals; and (iii) promote the health and well-being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services to delay the onset of adverse health conditions resulting from poor nutritional health or sedentary behavior. (2) Congregate nutrition services. (i) The area agency shall ensure that the nutrition program: (a) provides at least one hot or other appropriate meal per day, 5 or more days a week (except in a rural area where such frequency is not feasible and a lesser frequency is approved by the office) and any additional meals that the area agency may elect to offer; (b) is provided in congregate settings, including adult day care facilities and multigenerational meal sites and may include restaurant-based sites; (c) locate congregate sites in as close proximity to the majority of eligible older individuals' residences as feasible; (d) open all congregate sites at least one hour before and remain open for one hour after meal service to permit all participants to eat a leisurely meal, enjoy social contact, and take advantage of other services at the site; (e) to the maximum extent possible make space available at congregate sites for supportive, educational and/or recreational services and activities; and (f) provides nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal participants. (ii) Eligibility (a) Any person age 60 or older and the spouse of such a person is eligible to participate in congregate nutrition services. (b) For Older Americans Act (OAA) funded programs, individuals with disabilities under the age of 60 who reside in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided may also be served. (c) In accordance with procedures established by the area agency: (1) individuals with disabilities under the age of 60 who reside at home with an eligible older individual may be offered congregate nutrition services; and (2) individuals under the age of 60 who provide volunteer services to the meal program during meal hours may be offered a meal on the same basis as meals are provided to eligible participants. (iii) The area agency shall ensure that nutrition services providers register participants in accordance with the office's reporting requirements. (3) Home delivered nutrition services. (i) The area agency shall ensure that the nutrition program: (a) provides at least one home delivered meal per day, 5 or more days a week (except in a rural area where such frequency is not feasible and a lesser frequency is approved by the office), which may consist of hot, cold, frozen, dried, canned, fresh, or supplemental foods and any additional meals that the area agency elects to provide); (b) when feasible and appropriate, make arrangements for the availability of meals to participants in emergencies; (c) provides nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal recipients; (d) to the extent possible, make available medical information approved by health care professionals, such as informational brochures and information on how to get vaccines, including vaccines for influenza, pneumonia, and shingles, in the individuals' communities; and (e) to the extent feasible, conducts in-person wellness checks in the course of delivering a home delivered meal to participants' homes, and offers remote wellness checks as directed by the office when meals are delivered less frequently than 5 days per week. (ii) Eligibility. (a) Any person age 60 or older is eligible to receive home delivered meals, in the form of meals delivered to the person's home, provided that such person: (1) is incapacitated due to accident, illness, or frailty; (2) lacks the support of family, friends, or neighbors; and (3) is unable to prepare meals due to a lack of or inadequacy of facilities, an inability to shop, cook, or prepare meals safely, or a lack of appropriate knowledge or skill. (b) In the event of a declared emergency or disaster, the Director of the office may suspend the criteria found in 6655.10(a)(3)(ii)(a)(1),(2), and (3) of this Title. (c) Any person age 60 or older is eligible to receive home delivered meals in the form of portable meals (defined as meals made available for persons to obtain at one or more central points of distribution, including congregate meal sites, and then consumed at a location of their choice). (d) The spouse of such a person, regardless of age, may receive home delivered (including portable) meals if, according to criteria established by the area agency, receipt of such meals is in the best interest of the eligible participant. (e) In accordance with procedures established by the area agency: (1) individuals with disabilities under the age of 60 who reside at home with an eligible participant may receive home delivered (including portable) meals if, according to criteria established by the area agency, receipt of such meals is in the best interest of the eligible participant; and (2) individuals under the age of 60 who provide volunteer services to the meal program during meal hours may be offered a meal on the same basis as meals are provided to eligible participants. (f) The area agency shall ensure that each person referred for or requesting home delivered meals, in the form of meals delivered to the person's home, is assessed to determine the need for such services as follows: (1) a standardized client assessment procedure that is consistent with the office's requirements must be used; (2) client assessments must be completed prior to or within ten business days of initiating meal service; (3) client assessments must be conducted by a person who has the same qualifications as staff who perform assessments for other community-based long-term care services; (4) adequate follow up and periodic reassessments must be completed and documented for all participants consistent with the office's requirements; and (5) appropriate referrals, with the consent of the participant or their representative, must be made to other programs and services that are identified through the assessment process; (6) assessment of persons referred for or requesting home delivered meals in the form of portable meals is at the discretion of the area agency. If an assessment is not completed; the area agency must register participants in accordance with the office's requirements. (4) The area agency shall ensure that the nutrition services programs provide meals that meet the most current Dietary Guidelines for Americans and that: (i) provide each participating older individual with a minimum of 33 1/3 percent of the dietary reference intakes (DRIs) established by the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences, if the program provides one meal per day; (ii) provide each participating older individual with a minimum of 66 2/3 percent of the DRIs if the program provides two meals per day; (iii) provide each participating older individual with 100 percent of the DRIs if the program provides three meals per day; and (iv) to the maximum extent practicable, are adjusted to meet any special dietary needs of program participants. Nutrition services providers have flexibility in designing meals that are appealing to program participants. (5) The area agency shall ensure that nutrition services providers plan menus based on the most current dietary guidelines and follow a minimum of a four-week cycle. Any deviation from the planned menu must be noted and approved by a dietitian or other individual with equivalent education and training in nutrition science. (6) The area agency shall ensure that menus are reviewed and approved by a dietitian or other individual with equivalent education and training in nutrition science and certified with signature and date to indicate that the menus meet the requirements for the dietary reference intakes (DRI) and most current Dietary Guidelines. (7) Nutrition supplements (canned formulas, powered mixes, food bars, etc.) may be made available to participants based on documented, assessed need as determined by a dietitian or other individual with equivalent education and training in nutrition science . Such products cannot replace conventional meals unless a physical disability warrants their sole use. Program funds may not be used to purchase vitamin and mineral supplements. (8) Area agencies must contract with providers that have a demonstrated ability to provide services efficiently and reasonably. To the maximum extent possible contracts with nutrition services providers must limit the amount of time meals spend in transit before they are consumed. Nutrition funds awarded by the office shall not supplant funds from other sources. Furthermore, funds awarded under other programs, such as the Wellness in Nutrition program (WIN), shall not supplant Title III-C funds. (9) The area agency must assess the level of need for congregate and home-delivered meals (including portable meals) in the planning and service area. (10) The area agency must have written policies and procedures covering all aspects of the provision of nutrition services including meals, nutrition education, nutrition counseling, and nutrition screening and assessments. (11) The area agency must ensure that nutrition services providers that are under contract with an area agency to provide nutrition services seek appropriate reimbursement from third-party payers (public and private) to pay for nutrition services provided to covered participants when such participants' nutrition services are or may be covered by another funding source. This would include community-based residential care facilities, community-based service providers, and other public or private third-party payers. Nutrition services providers must have written agreements concerning reimbursement of meal cost (based on actual costs per meal), participation of covered individuals, and other policies, procedures, and conditions in accordance with the office's standards. (12) The area agency must complete monitoring and service assessments of nutrition services providers on a scheduled basis consistent with the office's requirements. The area agency must use a system that provides a qualitative and quantitative measure of provider performance and should be conducted by qualified staff. The area agency must provide documentation to the office of all monitoring, service assessment, and technical assistance related to the provision of nutrition services. (13) The area agency shall have a full-time staff person who directs all activities related to the nutrition program which may include the planning, preparation, and delivery of nutritious meals and supportive services. This person is responsible for nutrition oversight and operations, including supervision of contractors providing food service and other nutrition services. This person must have requisite knowledge and experience in nutrition and food service and may work under the general supervision of the director. (14) The area agency shall have a dietitian or other individual with equivalent education and training in nutrition science on the staff of, or under contract as a consultant for, the area agency for an adequate number of hours, at least sixteen hours per week, unless fewer hours are approved by the office. Job responsibilities may include but are not limited to monitoring meal preparation sites, congregate sites, and home delivered meal delivery, menu planning and approval, development of nutrition information and education programs, providing nutrition counseling, diet prescription reviews, participation in case management and participant team reviews, providing technical assistance and training, and administrative activities. A dietitian or other individual with equivalent education and training in nutrition science on the staff or working as a consultant for a nutrition services provider that is a subcontractor to the area agency may fulfill the responsibilities of menu planning and approval, development of nutrition information and education programs, providing nutrition counseling, diet prescription reviews, participation in case management and participant team reviews, and the hours of the dietitian or other individual with equivalent education and training in nutrition science employed by the subcontractor will count toward fulfillment of the minimum hours required. (15) The area agency shall ensure that nutrition programs seek advice and expertise of a dietitian or other individual with equivalent education and training in nutrition science, from program participants, and from other individuals knowledgeable with regards to the needs of older individuals. (16) The area agency shall ensure that all facilities used for meal preparation and/or service delivery meet all applicable Federal and State requirements, including the State Sanitary Code requirements, and all local health, sanitation, building, fire, and safety regulations. (17) The area agency must notify the office as directed and receive any applicable approval from the office in advance of undertaking any major changes to meal service and operations. (18) All congregate meal sites, food preparation facilities and portable meal distribution sites must be inspected as frequently as required by the local code enforcement agency having jurisdiction and have a current valid operating certificate from the New York State or County Department of Health. Operating certificates must be kept on file at the area agency for the office to review. (19) The area agency shall ensure that all food used for the nutrition program meets those standards of quality, sanitation, and safety that apply to food sold commercially. The area agency shall ensure that service providers report outbreaks of food-borne illness in accordance with state health code to appropriate local officials. Area agencies must immediately report such outbreaks to the office. (20) The area agency shall ensure that each nutrition provider has a sufficient number of staff that are properly trained and oriented, in accordance with the office's regulations and standards and the State sanitary code. (21) The area agency shall ensure that nutrition information and education programs are planned by a dietitian or other individual with equivalent education and training in nutrition science and made available to participants of nutrition services on a regularly scheduled basis. Such programs must be planned by a dietitian or other individual with equivalent education and training in nutrition science, and must include information about nutrition, physical activity, and disease prevention and health promotion. Planned programs must provide group or class presentations at each congregate site consistent with the office's standards and provide nutrition information to individual meal participants monthly. To the extent possible the area agency must determine the effectiveness of the service. (22) The area agency shall ensure that nutrition counseling is provided as appropriate based on the needs of meal participants. The area agency must have procedures to adequately screen and refer meal participants to a dietitian or other individual with equivalent education and training in nutrition science for nutrition counseling. The nutrition professional evaluates the participants' nutritional needs, develops and implements a care plan, and maintains appropriate documentation. To the extent possible, the area agency must determine the effectiveness of the service. (23) The requirements and duties detailed in paragraphs (5), (6), (7), (14), (21), and (22) of this subdivision must be carried out by a dietitian or other individual with equivalent education and training in nutrition science. (24) The area agency shall participate in the federal Nutrition Services Incentive Program (NSIP) which provides cash, commodities, or a combination of commodities and cash as incentives to serve more meals and improve the quality of meals served in the nutrition services programs. (i) Such funding is based on the provider's proportion of the total number of qualifying meals served statewide and shall be used to reimburse nutrition services providers for qualifying meals reported to the area agency and the office. Qualifying meals are meals that meet the established nutrient requirements and are served to eligible participants. (ii) Cash funding shall only be used to purchase domestically produced foods for nutrition services programs. (25) The area agency shall ensure that efforts are made to assist participants in applying for or enrolling in federal Supplemental Nutrition Assistance Program (SNAP) and other appropriate benefit programs. To the extent possible, the area agency will assist certifying agencies and other organizations that help eligible older individuals access benefits. (26) The area agency shall have a policy concerning the certification of nutrition services providers to accept SNAP benefits as suggested contributions for meals. (27) The area agency shall ensure that all providers, including services providers that distribute program benefits to eligible older individuals through the USDA Senior Farmers Market Nutrition Program (SFMNP), comply with requirements of the state Department of Agriculture and Markets and of the office. (b) Nutrition services provider responsibilities. These responsibilities apply to area agencies that directly provide nutrition services and to providers under contract to an area agency for nutrition services. These requirements are in addition to general requirements of providers specified in this Chapter. Providers are responsible for assuring that all sites they operate fulfill these requirements. (1) Each congregate nutrition services provider must: (i) provide hot or other appropriate meals in a congregate setting at least once a day, five or more days a week (except in a rural area where such frequency is not feasible and a lesser frequency is approved by the office); (ii) have written site agreements between the provider and each site serving meals, including restaurant-based sites; (iii) have an individual designated as responsible for the operation of each site, and when appropriate, home delivered meal service; (iv) display evacuation procedures in a convenient and accessible location and conduct drills on a regularly scheduled basis in accordance with the office's requirements; (v) maintain and have available at each site a written plan describing procedures to be followed in the event a participant becomes ill or is injured, and ensure that all staff and volunteer personnel are familiar with and follow the prescribed procedures; (vi) to the maximum extent feasible, have space available for supportive services which protects the privacy of individual participants; and (vii) monitor participants at congregate sites for the possible need for home delivered meals instead of congregate meals and make referrals as necessary. (2) Each home delivered nutrition services provider must: (i) provide meals to participants whose need for such service has been assessed or reassessed based on criteria established by the office; (ii) provide for home delivered meals at least once a day, five or more days a week, as needed by participants (except in a rural area where such frequency is not feasible and a lesser frequency is approved by the office). Meals may, according to criteria prescribed by the office, be hot, cold, frozen, dried, canned, fresh, or supplemental foods; (iii) where feasible and appropriate, make arrangements for the availability of meals to participants in emergencies; and (iv) provide participants with appropriate instructions on the use and handling of the meals served. (3) Each nutrition services provider shall alert the area agency to conditions or circumstances which may endanger the participant, other participants, workers, volunteers, meal site or household. (4) Each nutrition services provider must follow appropriate procedures to preserve nutritional value and food safety, including compliance with all State and local health laws and ordinances, and standards of the office concerning the purchase, preparation, handling, serving, and service delivery of food. The preparation and storage of frozen meals must be consistent with State and local health guidelines and those of the office. (5) Where feasible and appropriate, each nutrition services provider must provide special menus to meet particular dietary needs arising from health requirements, religious requirements, or ethnic backgrounds of eligible individuals. In determining whether special menus are feasible and appropriate, the nutrition services provider must consider: (i) whether there are sufficient people needing the special menus to make their preparation practical; and (ii) whether the foods and skills necessary to provide the special menus are available in the area. (6) Each nutrition services provider must plan menus that are based on a minimum of a four-week cycle. (7) Each nutrition services provider must assure that foods are portioned for service as indicated on approved menus. (8) Each nutrition services provider must make adequate provision to accommodate the needs of older individuals with disabilities or limited mobility, and have available for use upon request appropriate food containers, utensils, and other assistive devices. (9) Each nutrition services provider must report cases of suspected food borne illness to the local Health Department, the area agency, and the office immediately. (10) Each nutrition services provider must maintain an adequate number of qualified and trained staff to meet the needs of the participants and the nutrition program purposes. (11) Each nutrition services provider must develop an annual training plan based on the roles and responsibilities of staff and volunteers working with the program. General orientation and training must be held on a scheduled basis. Training plans, schedules, and attendance must be documented. (12) Each nutrition services provider must provide safety training to site staff, volunteers, and participants at least annually. Such training must include evacuation procedures, the handling of emergency situations, fire safety, and reporting procedures. Safety training must be documented. Fire drills must be conducted at least annually at all sites and documented. (13) To the maximum extent possible, nutrition services provider must evaluate the quality of the meals provided to participants and their satisfaction with meals served. (14) Each nutrition services provider shall provide meals that: (i) meet the most current Dietary Guidelines for Americans; and (ii) provide to each participating older individual the following: (a) a minimum of 33 1/3 percent of the dietary reference intakes (DRIs) if the provider provides one meal per day; (b) a minimum of 66 2/3 percent of the DRIs if the provider provides two meals per day; and (c) 100 percent of the DRIs if the provider provides three meals per day. (15) Each nutrition services provider must have written policies and procedures concerning all aspects of the program including but not limited to: (i) personnel, organizational structure and staff functions, orientation, and training; (ii) program monitoring, assessment, and reporting; (iii) meal service, delivery, and other operational/management components, food and equipment security, and site agreements; and (iv) client eligibility and targeting, collection of contributions, and participant input on service design and provision. (16) Records. (i) All nutrition services providers must maintain records related to: (a) a registry of participants and information concerning any special needs; (b) the number and cost of home delivered and congregate meals served; and (c) any other records that may be required by the office. (ii) all records must be retained for a period as set by the office. (iii) records must be available for inspection by federal, state, and local officials as well as area agency staff at all reasonable hours at a location agreed upon by the provider and the agency. (17) All nutrition services providers must obtain and keep in effect such insurance coverage as may be required by the area agency and the office.

9 NYCRR 6654.11 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
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

9 NYCRR 6654.12 - OAA legal assistance

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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)Each area agency shall use an adequate portion of its OAA-supportive services funding for a program of legal assistance including advice and representation to elderly people with economic or social need. Legal assistance means legal advice and judicial or administrative representation by an attorney including, to the extent feasible, counseling or other appropriate assistance by a paralegal or law student under the direct supervision of an attorney. Legal assistance also includes counseling or representation by a nonlawyer where permitted by law, to elderly people with economic or social need. OAA legal assistance must be in addition to any other legal services already being provided to elderly people in the area.

(b)Each area agency shall develop and assure the coordination of a system of access to legal assistance for elderly in the area which encourages the participation of all segments of the legal provider community. If the area agency does not contract with a legal services corporation grantee, it will coordinate its services with existing legal services corporation projects in the area agency, in order to assure that the elderly receive a proportional share of representation from the legal services corporation grantee, to avoid under this Title on individuals with the greatest social and economic need.

(c)Each legal assistance provider shall make efforts, in coordination with the area agency, to involve the private bar in legal assistance for the elderly, including the establishment of groups within the private bar which will furnish legal assistance to elderly people on a pro bono or reduced-fee basis. The legal assistance provider and the area agency will develop a system of assisted referrals of cases to the private bar, including appropriate follow-up to assure that services have been provided.

(d)Each area agency must award funds to the legal assistance provider or providers that most fully meet the standards of this subdivision. The legal assistance provider or providers must:

(1)have staff with expertise in specific areas of law affecting elderly people in economic or social need (for example, public benefits, institutionalization, and alternatives to institutionalization);

(2)demonstrate the capacity to provide effective administration and judicial representation in the areas of law affecting elderly people with economic or social need;

(3)demonstrate the capacity to provide support to other advocacy efforts (for example, the long-term care ombudsman program);

(4)demonstrate the capacity to deliver legal services to institutionalized, isolated and homebound elderly individuals effectively; and

(5)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 principle language.

(e)Each legal assistance provider, in consultation with the area agency, may set priorities for service delivery which allocate program resources in areas which will concentrate service on the elderly least able to obtain legal assistance elsewhere. In setting case priorities, the area agency and service provider:

(1)may take into account the availability of staff resources in determining the extent of legal advice and representation to provide individual elderly people; but

(2)may not consider the priorities as eligibility criteria, but shall evaluate whether representation is appropriate in a particular case because of the benefits to the elderly individual or elderly in general, and the availability of adequate representation from other sources.

(f)In setting case priorities, criminal cases may not be defended, and representation in fee-generating cases except where private bar representation is otherwise unavailable is also prohibited. Filing conservatorships is prohibited except where an elderly person requests the filing of a voluntary petition or in the case of an involuntary petition against a close relative such as a spouse; and where no other agency can be persuaded to bring the petition and where bringing such a petition is not inconsistent with the interest of the elderly conservatee.

(1)Case priorities must be determined so as not to duplicate services available from other sources, i.e., the private bar and legal services corporation grantee, and to fill existing gaps in the availability of services to the elderly with the greatest need.

(g)Other provider responsibilities.

(1)The legal assistance provider shall assist the area agency with other advocacy efforts, and shall assist the long-term care ombudsman program.

(2)The legal assistance provider may not serve as house counsel to the area agency.

(3)The legal assistance provider shall provide training to area agency staff and, where appropriate, to community groups and members of the private bar. Training is reimbursable as training costs when provided by legal assistance providers. Outreach activities by the area agency and the legal assistance providers are reimbursable, and the legal assistance providers may be reimbursed for recruiting members of the private bar to conduct training, make group presentations and accept referrals.

(h)An OAA legal assistance provider may not require an elderly person to disclose information about income or resources as a condition for providing legal assistance. An OAA legal assistance provider may ask about an elderly 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 elderly person may be eligible.

(i)Nothing in this section is intended to prohibit an attorney or staff attorney from providing any form of legal assistance to an eligible client, or to interfere with the fulfillment of any attorney's professional responsibilities to a client. When providing OAA legal assistance:

(1)Each legal assistance provider and its attorneys and employees must comply with the following regulations when engaged in the outside practice of law:

(i)no attorney shall engage in any outside practice of law if the director of the provider has determined that such practice is inconsistent with the attorney's full-time responsibilities;

(ii)if the requirement of subparagraph (i) of this paragraph is met, a provider may permit an attorney to engage in compensated outside practice of law when the attorney is newly employed and has a professional responsibility to close cases from a previous law practice, and does so as expeditiously as possible;

(iii)if the requirement of subparagraph (i) of this paragraph is met, a provider may permit an attorney to engage in compensated outside practice of law when the attorney is acting pursuant to an appointment made under a court rule or practice of equal applicability to all attorneys in the jurisdiction, and remits to the provider all compensation received; or

(iv)if the requirement of subparagraph (i) of this paragraph is met, a provider may permit an attorney to engage in uncompensated outside practice of law when the attorney is acting pursuant to an appointment made under a court rule or practice of equal applicability to all attorneys in the jurisdiction or on behalf of a close friend, family member, religious community, or charitable group.

(2)A provider, employee of the provider, or staff attorney shall not engage in the following prohibited political activities:

(i)A provider shall not contribute or make available OAA funds, or any personnel or equipment to any political party or association to the campaign of any candidate for public or party office; or for use in advocating or opposing any ballot measure, initiative, or referendum.

(ii)No employee shall intentionally identify the OAA program or provider with any partisan or nonpartisan political activity, or with the campaign of any candidate for public or party office.

(iii)No employee shall use any OAA funds for activities prohibited to attorneys under subparagraph (1)(i) of this subdivision; nor shall an employee intentionally identify or encourage others to identify the provider with such activities.

(iv)While engaged in any activity carried out during an employee's working hours which uses OAA resources and, in fact, provides legal assistance to an eligible client, no employee and no staff attorney shall, at any time:

(a)use official authority or influence for the purpose of interfering with or affecting the result of an election or nomination for office, whether partisan or nonpartisan;

(b)directly or indirectly coerce, attempt to coerce, command or advise an employee under OAA to pay, lend or contribute anything of value to a political party, committee, organization, agency or person for political purposes; or

(c)be a candidate for partisan elective public office.

(v)While engaged in any activity carried out during an employee's working hours which uses OAA resources and, in fact, provides legal assistance to an eligible client, no attorney shall engage in:

(a)any political activity;

(b)any activity to provide voters with transportation to the polls, or to provide similar assistance in connection with an election; or

(c)any voter registration activity;

(3)No provider shall use OAA funds to provide legal assistance in a fee-generating case unless other adequate representation is unavailable. All providers shall establish procedures for the referral of fee-generating cases.

(i)Fee-generating case means any case or matter which, if undertaken by an attorney in private practice, may reasonably be expected to result in a fee for legal services from an award to a client, from public funds, or from the opposite party.

(ii)Other adequate representation is deemed to be unavailable when the provider has determined that fee referral is not possible because of any of the following:

(a)the case has been rejected by the local lawyer referral service, or by two attorneys;

(b)neither the referral service nor any lawyer will consider the case without payment of a consultation fee; or

(c)emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate, and consistent with professional responsibility, referral will be attempted at a later time.

(iii)Other adequate representation is deemed to be unavailable when:

(a)recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief; or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims; 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, Federal Old Age, Survivors, and Disability Insurance Benefits; or title XVI of the Social Security Act, Supplemental Security Income for Aged, Blind and Disabled.

(iv)A provider may seek and accept a fee awarded by a court or administrative body, or included in a settlement, if funds received are not used for prohibited purposes.

(v)When a case or matter subject to this section results in a recovery of damages, other than statutory benefits, a provider may accept reimbursement from the client for out-of-pocket costs and expenses incurred in connection with the case or matter, if the client has agreed in writing to reimburse the provider for such costs and expenses.

(4)While engaged in any activity carried out during an employee's working hours which uses OAA resources and, in fact, provides legal assistance to an eligible client, no employee shall:

(i)knowingly participate in any public demonstration, picketing, boycott or strike, except as permitted by law in connection with the employee's own employment situation; or

(ii)intentionally exhort, direct or coerce others to engage in such activities, or otherwise usurp or invade the rightful authority of a client to determine what course of action to follow.

(5)While employed under OAA, no employee shall, at any time:

(i)knowingly engage in any rioting or civil disturbance, activity in violation of an outstanding injunction of any court of competent jurisdiction, or any other illegal activity that is inconsistent with an employee's responsibilities under OAA, or the code of professional responsibility; or

(ii)intentionally exhort, direct or coerce others to engage in such activities, or otherwise usurp or invade the rightful authority of a client to determine what course of action to follow.

(6)Nothing in this subdivision shall prohibit an attorney from:

(i)informing and advising a client about legal alternatives to litigation or the lawful conduct thereof; or

(ii)fulfilling the professional responsibilities of an attorney to a client.

(j)No OAA funds made available to a provider shall be used, at any time, directly or indirectly, to support activities intended to influence the issuance, amendment or revocation of any executive or administrative order of a Federal, State or local agency, or to undertake to influence the passage or defeat of any legislation by the Congress of the United States or by any state or local legislative body or State proposals by initiative petition, except that:

(1)an employee may respond to a request from a governmental agency or a legislative body, committee or member, made to the employee or to a recipient to testify, draft or review measures or to make representation to such agency, body, committee or member on a specific matter; or

(2)an employee may engage in such activities at the request of an eligible client of a provider, to the extent such activities are necessary to the provision of legal advice and representation to a client who has sought such legal advice and representation with respect to particular legal rights and responsibilities which would be affected by particular legislation or administrative measures, but no employee shall solicit a client in violation of professional responsibilities for the purpose of making such representation possible.

(k)Providers shall adopt procedures and forms to document that the legislative and administrative activities in which they engage fall within the activities permitted by subdivision (f) of this section. Such documentation shall include:

(1)With respect to activities permitted under paragraph (f)(1) of this section, a written request, signed by an official of the governmental agency or a member of the legislative body or committee making the request, which states the type of representation or assistance requested and identifies the executive or administrative order or regulation, or legislation to be addressed.

(2)With respect to activities permitted under paragraph (f)(2) of this section, a retainer agreement, signed by the client or clients represented, or by an official of the client group in the case of a group client, which agreement shall specify the legislative or administrative measure on which representation is sought (appearance at a hearing, legislative drafting, etc.), and which shall include a statement of the client's direct interest in the particular legislative or administrative measure to be addressed.

(3)Providers shall obtain the documentation required by this subdivision prior to undertaking any of the activities permitted by paragraph (f)(1) or (2) of this section, except that providers may respond to an oral request made pursuant to such paragraph in the absence of a written request, provided that the fact, nature and circumstances of the request are subsequently documented in writing and signed by the requesting authority.

(l)No OAA funds may be used to:

(1)maintain separate offices for the sole purpose of engaging in legislative activity;

(2)pay dues to any organization (other than a bar association), a substantial purpose or function of which is to take positions on matters pending before legislative or administrative bodies;

(3)pay for transportation to legislative or administrative proceedings of persons other than employees engaged in activities under this section or witnesses entering appearances in such proceedings on behalf of clients of the providers, except that such funds may be used to transport the client where necessary and appropriate. This subdivision does not authorize payment of transportation expenses for employees not actually engaged in permitted representation activities;

(4)pay, in whole or in part, for the conduct of or transportation to an event if a primary purpose of the expenditure is to facilitate lobbying or any other activity which would be prohibited if conducted with OAA funds;

(5)pay for administrative or related costs associated with any activity prohibited by this section; or

(6)assist others, through legislative liaison activities, to influence legislation in a manner that would be prohibited if undertaken with OAA funds. Legislative liaison activities include, but are not limited to, attending legislative sessions or committee hearings, gathering information regarding pending legislation, and analyzing the effect of pending legislation.

(m)Notwithstanding the provisions of paragraph (f)(1) of this section, providers shall not use OAA funds for publicity or propaganda purposes designed to support or defeat proposed legislation or legislation pending before Congress or any state legislature. For purposes of this Chapter, publicity or propaganda means any oral communication or any advertisement, telegram, letter, article, newsletter or other printed or written matter or device which contains a direct suggestion or, when taken as a whole, an indirect suggestion to the public at large or to selected individuals to contact elected representatives in support of or in opposition to pending or proposed legislation.

(n)No OAA funds of a provider shall be used to support the preparation, production and dissemination of any article, newsletter or other publication or written matter for general distribution which contains any reference to proposed or pending legislation, unless:

(1)the publication does not contain any publicity or propaganda prohibited by subdivision (i) of this section;

(2)the provider has adopted a policy requiring the provider's executive director, or his or her designee, to review each publication produced by the provider prior to its dissemination for conformity to this section;

(3)the provider provides a copy of any such material to the area agency within 30 days after publication; and

(4)such funds are used only for costs incident to the preparation, production and dissemination of such publications to providers, providers' staff and board members, private attorneys representing eligible clients, and the area agency, as opposed to the public at large.

(o)Notwithstanding the provisions of subdivision (f) of this section, no OAA funds of a provider shall be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device, intended or designed to influence any decision by a Federal, State or local agency, except where legal assistance is provided by an employee of a provider to an eligible client on a particular application, claim or case, which directly involves the client's legal rights and responsibilities, or to influence any member of Congress or any other Federal, State or local elected officials to favor or oppose any acts, bills, resolutions or similar legislation, or any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any state legislature, any local council, or any similar governing body, except that this subdivision shall not preclude such funds from being used in connection with communications made in response to any Federal, State or local official upon a specific matter. The exception for communications to officials does not authorize communication with anyone other than the requesting party. No employee of the provider shall, directly or indirectly, solicit a request from any official to testify or otherwise advocate the support or defeat of legislative measures.

(p)Nothing in this 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 or policies;

(2)informing a client about a new or proposed statute, executive order or administrative regulation consistent with the requirements of subdivisions (i) and (j) of this section;

(3)responding to an individual client's request for advice only with respect to the client's own communications to officials, unless otherwise prohibited by OAA statute or regulations or other applicable law. This paragraph does not authorize publication 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.

9 NYCRR 6654.13 - Information and referral and outreach

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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 agency shall assure that elderly people have reasonably convenient access to a system of information and referral services to link them to appropriate resources.

(b)Any area agency serving an area where a substantial number of elderly people speak a language other than English as their principal language shall:

(1)assure that outreach services are delivered by workers who are fluent in the language spoken by a predominant number of such elderly people; and (2) designate an individual employed by the area agency on aging, or available to such area agency on a full-time basis, whose responsibilities will include:

(i)taking such action as may be appropriate to assure that counseling assistance is made available to elderly individuals who are of limited English-speaking ability in order to assist such elderly individuals in participating in OAA, CSE or EISEP programs; and

(ii)providing guidance to individuals engaged in the delivery of supportive services under the area plan to enable such individuals to be aware of cultural sensitivities and to take into account effectively linguistic and cultural differences.

(c)The information and referral service provider shall:

(1)maintain current information about opportunities and services available to elderly people;

(2)develop current lists of elderly people in need of services and opportunities; and

(3)employ a specially trained staff to inform and assist elderly people to take advantage of the available services and opportunities.

(d)The information and referral service provider may disclose information by name about an elderly person only with the informed consent of that elderly person or his or her authorized representative.

9 NYCRR 6654.14 - Transportation agreements

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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

Under the Older Americans Act, the area agency may enter into agreements with agencies which administer programs under the Rehabilitation Act of 1973 and titles XIX and XX of the Federal Social Security Act to meet the common need for transportation of service participants under the separate programs. Such agreements may delegate the area agency's authority to award or administer funds if such delegation is approved by the office.

9 NYCRR 6654.15 - EISEP eligibility and definitions

Source text available - table layout pending

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
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

9 NYCRR 6654.16 - EISEP case management

Compiled text through Feb 8, 2023

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Register check
Compiled text through: Feb 8, 2023
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: AGE-43-22-00001-A · Adopted rule · Feb 8, 2023
Source snapshot: Jun 6, 2026

(a)For purposes of this section, the words “client” and “consumer” are interchangeble except where otherwise noted.

(b)Case management complying with this section must be provided to all clients receiving in-home services, ancillary services, or noninstitutional respite under EISEP. Case management consists of the following functions: screening, assessment, care planning, determining eligibility for program subsidy, arranging and authorizing service delivery, services follow-up and client monitoring, reassessment and discharge. The conduct of screening, assessment, care planning and eligibility determination in compliance with this section is a prerequisite for the provision of in- home services, ancillary services, or noninstitutional respite under EISEP.

(c)EISEP case management shall not be provided to individuals eligible to receive the same or similar services under title XVIII, XIX, or XX of the Federal Social Security Act or any other governmental program or services provided to residents in adult residential care facilities which had previously been provided by the facility or which by law are required to be provided by such facility, provided that an EISEP case manager shall provide sufficient case management services to verify eligibility of or to assist such individuals in applying for such other program or services and to determine a need for and, if necessary, arrange for the receipt of EISEP ancillary services not available from such program or facility.

(d)Only persons meeting the qualifications and training requirements specified under subdivision (ab) of this section shall conduct assessments or reassessments, do care planning, authorize services, or terminate or discharge clients from the program.

(e)A designated case manager must be assigned to each client. In situations where the case management functions for any one client are performed by more than one staff person, the designated case manager shall be responsible for coordinating the conduct of the various case management functions and for acting as the primary contact for the client.

(f)Case management may be provided to individuals who are not receiving any other EISEP service.

(g)All potential EISEP clients must be screened using the standardized process and instrument prescribed by the office, unless the area agency has received approval from the office to use a different instrument.

(h)An assessment shall be conducted for each EISEP service applicant:

(1)identifying the older person's problems and care needs in the major functional areas, including information necessary to determine the individual's functional level and to identify unmet care needs;

(2)no later than 10 working days after completion of the screening process unless EISEP services are not then available, in which case an assessment shall be conducted when such services become available;

(3)prior to providing any in-home services, ancillary services, or noninstitutional respite services or, if the record documents an emergency, within five working days after the start of service delivery;

(4)which includes the requirements prescribed by the office;

(5)face-to-face with the older person and, if requested by the older person, his or her authorized representative;

(6)in the older person's usual living environment, except that it may be conducted in another setting if the older person is institutionalized or will be temporarily residing in another residence, in which case, a home visit shall be conducted within five working days of the individual's return to his or her usual residence;

(7)involving informal caregivers if the older person does not object to the involvement of such caregivers; and

(8)under consumer directed in-home services, evaluate the willingness and capability of the individual or his or her representative to meet the requirements listed in section 6654.15(b)(1) or (2) or (3) and (d)(1) or (3) of this Part.

(i)The case manager shall arrange for additional medical, nutritional, mental health or housing assessments to be conducted if the assessment pursuant to subdivision (g) of this section indicates a need for such additional assessments; provided, however, that:

(1)no nursing or other medical assessment shall be required for EISEP participation unless the office has approved the area agency's procedure for providing such nursing assessments required and financed by another program; and

(2)this paragraph shall not be deemed to indicate that medical, nutritional, mental health, or housing assessments are allowable EISEP costs.

(j)All information relating to the older person is confidential and is shared only with others involved in the arrangement or provision of services to the client pursuant to written consent from the client or authorized representative.

(k)A care plan shall be developed as specified by the office for each EISEP client within six working days of the completion of the assessment, in consultation with the client and, if authorized by the client, in consultation with the primary informal caregivers or authorized representative.

(l)For each client, the extent of the involvement of caregivers in the provision of assistance will be documented in the care plan.

(m)A copy of the agreed upon care plan shall be given to the client or his or her authorized representative and, if requested by the client, informal caregiver. In-home services agencies providing in-home services shall receive, at a minimum, a summary of the care plan. Other providers identified in the care plan shall receive, at a minimum, the necessary information to provide services.

(n)A care plan may be in effect for no longer than 12 months before reassessment.

(o)Area agencies must establish written procedures for arranging and authorizing service delivery for EISEP clients.

(p)Verbal authorizations of service delivery shall be confirmed in writing within five working days by case management workers using standard forms approved by the area agency on aging for use with formal and informal service providers.

(q)A schedule of services to be provided by both formal and informal providers shall be given to the client and, to the extent appropriate, service providers. Under consumer directed in-home services, the consumer or the consumer representative shall be responsible for providing the in-home services worker(s) with his/her schedule.

(r)Area agencies must establish written procedures for following up on service delivery to the client and for monitoring the client. These procedures must specify the type and frequency of client contact by the designated case manager and other appropriate staff and shall take into account the need to vary the types and frequency of contact for clients with different care needs and shall include, at a minimum, personal contact with the client by the designated case manager or by a staff member under the case manager's supervision:

(1)no later than the first working day after each service was scheduled to begin to confirm that the service has begun;

(2)within 15 working days of service initiation to verify adequacy, appropriateness, and satisfaction with the services being provided. This contact must be in the form of an in-home visit if the client is receiving in-home services as specified in section 6654.17 of this Part; and

(3)at least every two months.

(s)Any problems noted during services follow-up or client monitoring shall be immediately followed up with the service provider, or under consumer directed in-home services, the consumer or the consumer representative, or the fiscal intermediary if related to the tasks and responsibilities of the fiscal intermediary and documented in the case record.

(t)Any situation posing a possible severe or imminent threat to the health or safety of the client or any indication of possible abuse, mistreatment, or neglect of the client shall be documented in the client case record and reported to the local social services district, public health office, police or other appropriate agency immediately.

(u)Under consumer directed in-home services, the area agency shall provide written guidance that describes the scope and nature of the assistance a case manager may provide to a consumer or consumer representative as he or she fulfills his or her responsibilities as described in section 6654.15(d)(1) and (3) of this Part. Under no circumstances shall the case manager be responsible for performing any of the duties of the consumer or the consumer representative as described in section 6654.15(d)(1) and (3) of this Part.

(v)Under consumer directed in-home services, the assistance provided by the case manager to the consumer or the consumer representative in meeting their responsibilities specific to consumer directed in-home services shall be consistent with subdivision (u) of this section and may be based on the case manager’s own knowledge of and experience with the consumer or consumer representative, information provided by the fiscal intermediary, or at the request of the consumer or consumer representative.

(w)All substantive contact between case management workers and the client, authorized representative, family, and other formal or informal service providers shall be noted in the client record, including the date and the person with whom there was contact, a summary of the discussion, and any actions to be taken and by whom.

(x)A reassessment meeting the requirements of this section shall be conducted for each EISEP client at least every 12 months from the date that the client was most recently assessed or reassessed or within five working days from the time the case manager becomes aware of circumstances raising questions regarding the appropriateness of the current care plan, except that a reassessment may be temporarily delayed if requested by the client or his or her authorized representative or if the client is institutionalized and there is a temporary change in his or her condition which will affect the information collected.

(y)A client shall be discharged from EISEP if the client or his or her authorized representative requests discharge or if the client:

(1)no longer meets the eligibility requirements of section 6654.15 of this Part;

(2)refuses to undergo an assessment, to agree to a care plan, to allow for in-home visits by the case manager or other staff under the direction of the case manager, to agree to validate income information if requested to do so for purposes of determining Medicaid eligibility or cost sharing, or to provide cost sharing as required pursuant to section 6654.6 of this Part; or

(3)is not expected to need services within the next 90 days.

(z)If it appears that a client being discharged has need of services, the client shall be assisted in seeking appropriate care.

(aa)Each client who is being involuntarily discharged or that client's authorized representative shall be informed in writing of the reason or reasons for discharge at least five working days prior to discharge. The written explanation shall include information regarding how to obtain a local hearing on the discharge.

(ab)A designated case manager or case management supervisor or staff responsible for conducting assessments and/or reassessments, developing care plans, authorizing services, or terminating or discharging clients from the program shall, at the time of assuming such responsibilities:

(1)meet the following educational, professional and/or experiential requirements:

(i)be graduated from a regionally accredited college or university, or a New York State registered four-year college or university, with a bachelor's degree and, to be a case management supervisor, have two additional years of related experience; or

(ii)be a registered nurse with one year of satisfactory full-time paid experience in that profession and, to be a case management supervisor, have two additional years of related experience; or

(iii)possess the full-time equivalent of four years and, to be a case management supervisor, have two additional years of satisfactory experience:

(a)in social casework;

(b)in social work in a community or social action program;

(c)teaching in an accredited school; or

(d)as a community services worker or case aide in a human services agency;

(iv)possess a satisfactory equivalent combination of the foregoing training and experience; or

(v)until January 14, 2000, in the case of staff responsible for conducting assessments and/or reassessments, have been employed for a period of at least one year by an aging services agency to conduct client assessments. Nothing herein, however, is intended to change the qualifications of a designated case manager or case manager supervisor who carries out the responsibilities specified elsewhere in this section;

(2)participate in any training required by the office and receive an orientation by the area agency regarding local program administration, management, policies and procedures; client rights; and the program's service area in terms of the characteristics of the community and the service delivery system;

(3)participate in at least 16 hours of locally arranged in-service training per program year; and

(4)have or be a designated case management supervisor.

(ac)Case management supervisors shall review the client case records of each case manager at least annually.

(ad)There shall be compiled and maintained a case record for each EISEP client containing all documents required to record the activities related to the performance of all components of case management: screening assessment, care planning, arranging and authorizing service, service follow-up and client monitoring, reassessment, client cost-sharing determinations, and client discharge if appropriate. Each case record shall contain:

(1)the completed screening instrument;

(2)the completed assessment instrument and all subsequent reassessments;

(3)care plans current and past, containing all the information required by subdivisions (i), (j) and (k) of this section;

(4)copies of all service request and authorization forms;

(5)documentation of the provision of any emergency service provided;

(6)copies of any consent forms signed by the client authorizing the sharing of otherwise confidential information;

(7)a case narrative that includes all ongoing activities and their dates;

(8)a form signed by the client or authorized representative indicating that he or she has been informed, understands and has received a written copy of the client's rights;

(9)a copy of the completed instrument used to determine the client cost-sharing amount. (If a client wishes to participate in the program but not reveal his or her financial situation, this instrument shall say so and include a statement signed by the client or his or her authorized representative acknowledging that he or she understands that as a consequence the client will pay the full cost of in-home, noninstitutional respite, and ancillary services received.); and

(10)under consumer directed in-home services, any and all forms and agreements signed by the consumer and/or the consumer representative.

(ae)Client case records shall be:

(1)subject to review only by the client, his or her authorized representative, designated case manager, case manager supervisor, area agency, the office, other authorized staff, and authorized program or fiscal monitoring agents;

(2)updated in a timely manner; and

(3)maintained for six years from the end of the State fiscal year in which the client was discharged from the program.

(af)Case management staff shall ensure that EISEP client rights are protected in all aspects of the program.

(ag)The case management agency shall have written policies and procedures regarding the rights of clients, including client complaints.

(ah)All case management staff shall be trained on the rights of clients.

(ai)Each client or authorized representative shall:

(1)be informed of his or her rights in writing, at the time of admission into the program;

(2)participate in the development, revision and termination of the care plan, and be informed of all services to be provided and, when and how services will be provided;

(3)be given the name, address, telephone number and functions of any person and affiliated agencies providing care or services;

(4)be given the name, address and telephone number of the designated case manager in order to ask questions, express complaints, report absences of workers, and seek aid in emergencies;

(5)have the right to refuse any portion of the plan, except case management, without loss of other services after being fully informed of and understanding the consequences of such actions;

(6)have the right to recommend changes in policies and services to program staff, area agency on aging staff and office staff;

(7)be encouraged and assisted to exercise his or her rights to voice complaints and to seek protection from mental, physical and financial abuse, mistreatment or neglect;

(8)be informed both verbally and in writing of the agency's complaint procedures and of the right to seek the assistance of outside representatives of his or her choice to resolve complaints, free from interference, coercion, discrimination or reprisal;

(9)be informed of his or her right to review his or her case record;

(10)be discharged from the program only in accordance with the requirements set forth in subdivisions (y), (z) and (aa) of this section;

(11)be treated with consideration, respect and full recognition of his or her dignity and individuality that shall include the delivery of services in a respectful manner compatible with his/her cultural and religious beliefs, practices and preferred language;

(12)be shown proper and current identification by any person providing services in the home;

(13)have his or her wishes regarding his or her home environment, furnishings and possessions respected;

(14)be entitled to expect that any person coming into the home will exhibit appropriate standards of behavior;

(15)be assured of confidential treatment of his or her case records;

(16)be notified in writing of his or her right to a hearing and a review under sections 6651.3(b), (d) and (e) and 6652.4(h) of this Title if he or she contests his or her program eligibility, amount of cost share or is involuntarily discharged from the program;

(17)be entitled to receive EISEP services without regard to race, creed, color, national origin, gender, age, disability, sexual orientation, gender identity, marital and/or familial status, political affiliation, military status, arrest or conviction record, status as a victim of domestic violence, predisposing genetic characteristics or any other protected characteristics under relevant Federal and New York State civil rights laws and regulations (except that all program eligibility requirements for the program are met before services can be provided); and

(18)not be required to pay any money beyond the cost-sharing amount.

(aj)The case management agency shall have procedures to protect the safety of the client and confidentiality of the information about the client contained in the record.

(ak)Monitoring of case management must include reviews of client files maintained at and by the case management agency.

(al)An applicant or client shall be assisted in applying for Medicaid and cannot receive case management, in-home services, noninstitutional respite services or ancillary services unless such application is made if such applicant or client reports, during any procedure pursuant to this section or section 6654.6 of this Part:

(1)income and assets equal to or below the levels specified for Medicaid eligibility; or

(2)assets equal to or below the level specified for Medicaid eligibility and qualifying medical expenses equal to or exceeding the amount by which such person's income exceeds the level specified for Medicaid eligibility, providing that no such application shall be required if such person does not have available, prior to paying such medical expenses, funds equal to or exceeding the amount by which such person's income exceeds the level specified for Medicaid eligibility.

(am)The case manager shall assist the area agency in obtaining reimbursement for covered services provided to clients during any period during which such clients were eligible for Medicaid, including assistance in obtaining and presenting materials required under an agreement between the area agency and the local department of social services governing such reimbursement.

(an)The case manager shall assist the area agency in ensuring that applicants who appear to be eligible for Medicaid receive services in as timely manner as applicants who do not appear to be eligible for Medicaid.

9 NYCRR 6654.17 - EISEP in-home services

Compiled text through Feb 8, 2023

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Register check
Compiled text through: Feb 8, 2023
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: AGE-43-22-00001-A · Adopted rule · Feb 8, 2023
Source snapshot: Jun 6, 2026

(a)For purposes of this section the words “client” and “consumer” are interchangeable except where noted otherwise.

(b)Each area agency receiving EISEP service funds shall ensure provision of both Personal Care Level I (may appear as housekeeping/chore in other sections of the regulations) and Personal Care Level II (may appear as homemaking/personal care in other sections of the regulations) services as needed by EISEP participants as determined in compliance with the assessment procedures prescribed in section 6654.16 of this Part.

(c)An in-home service provided as a respite service as described in section 6654.18 of this Part shall be so documented in the client case record.

(d)An in-home services agency or area agency directly providing the services shall have and ensure that all in-home services workers are familiar with written procedures for responding to emergency situations.

(e)Some and total assistance as referenced in subdivisions (f) and (g) of this section is defined as follows:

(1)some assistance means that a task or function is performed and completed by the client with assistance from another individual; and

(2)total assistance means that a task or function is performed and completed for the client.

(f)Personal Care Level I services include some or total assistance with only the following tasks on behalf of or to assist a client:

(1)making and changing beds;

(2)dusting and vacuuming the rooms which the client uses;

(3)light cleaning of the kitchen, bedroom and bathroom;

(4)dishwashing;

(5)listing needed supplies;

(6)shopping for the client if no other arrangements are possible;

(7)the client's laundering including necessary ironing and mending;

(8)meal preparation, including simple modified diets;

(9)payment of bills and other essential errands; and

(10)escort to appointments and community activities may also be included under EISEP.

(g)Personal Care Level II services include only:

(1)some or total assistance with the tasks listed in subdivision (f) of this section; and

(2)some or total assistance with:

(i)bathing of client in the bed, tub or shower;

(ii)dressing;

(iii)grooming, including care of hair, shaving, and ordinary care of nails, teeth and mouth;

(iv)toileting, including assisting the client on and off the bedpan, commode or toilet;

(v)walking, beyond that provided by durable medical equipment, within and outside the home;

(vi)transferring from bed to chair or wheelchair;

(vii)preparation of meals in accordance with modified diets, including low sugar, low fat, low salt and low residue diets;

(viii)feeding;

(ix)administration of medication by the client, including prompting client of time, identifying the medication for the client, bringing the medication and any necessary supplies or equipment to the client, opening the container for the client, positioning the client for medication and administration, disposing of used supplies and materials and storing the medication properly;

(x)routine skin care;

(xi)using medical supplies and equipment such as walkers and wheelchairs; and

(xii)changing simple dressings.

(h)To the extent feasible, the same worker should be assigned to a client whenever possible. An in-home services agency or area agency directly providing the services shall have a back-up system for worker substitution when the regular worker is not available. Under consumer directed in-home services, the consumer or consumer representative shall have a backup system for worker substitution when the regular worker is not available.

(i)Except under consumer directed in-home services, an in-home services worker shall be able to read and write; understand and carry out directions and instructions; record messages and keep simple records; and communicate with clients, their families and others involved in caregiving. Under consumer directed in-home services, the consumer or the consumer representative shall determine the abilities they will require the in-home services worker to possess.

(j)An in-home services agency, area agency directly providing the services or, under consumer directed in-home services, the consumer or consumer representative shall ensure that in-home services workers perform tasks as specified in a client's care plan and service schedule.

(k)Requirements for criminal background checks.

(1)An in-home services agency that is a licensed home care services agency or a certified home health agency providing in-home services shall comply with SDOH requirements for a criminal history check to the extent required by 10 NYCRR Part 402.

(2)Agencies providing in-home services other than licensed home care services agencies or certified home health agencies, including area agencies directly providing in-home services, shall complete a criminal history check on all in-home services workers and applicants.

(3)Under consumer directed in-home services, the consumer or the consumer representative must be informed by the case manager or fiscal intermediary as designated by the area agency of the option(s) to require a prospective in-home services worker to complete a criminal history check.

(l)An in-home services agency, area agency directly providing the services or, under consumer directed in-home services, the consumer or consumer representative in conjunction with the fiscal intermediary shall comply with SDOH health requirements for in-home services workers pursuant to 10 NYCRR section 766.11(c) and (d) or any successor regulation.

(m)Each in-home services worker shall receive an annual assessment of his or her performance and effectiveness except under consumer directed in-home services no such assessment is required.

(n)The in-home services agency or area agency directly providing the services shall have liability or other insurance coverage in an amount sufficient to protect the area agency from any potential liability claims resulting from acts, omissions, or negligence of in-home services agency or area agency personnel. An area agency on aging sponsored by a county or other unit of general purpose local government may satisfy the insurance coverage requirement through self-insurance. The in-home services agency shall maintain such insurance coverage while its contract with the area agency is in effect and the area agency directly providing the services shall maintain such coverage while it is providing the services.

(o)Except under consumer directed in-home services, each person providing Personal Care Level I services shall:

(1)be instructed, prior to delivering any in-home services, on how to work with the elderly;

(2)receive an orientation, prior to delivering any in-home services to:

(i)the housekeeping/chore tasks which the worker may perform;

(ii)the policies and procedures of the provider agency; and

(iii)the rights of clients as set forth in section 6654.16(ai) of this Part;

(3)receive on-the-job training as needed to instruct the Personal Care Level I worker in a particular skill or technique or to assist in resolving problems in individual care situations.

(p)Except under consumer directed in-home services, each person performing Personal Care Level II services shall participate successfully in a training program that meets the requirements described in 18 NYCRR section 505.14(e)(1)-(4) and (7); or meets the training requirements as described in 10 NYCRR section 700.2(b)(14)(i) or (ii).

(q)Under consumer directed in-home services, responsibilities for training, which includes orientation and instruction, are as follows:

(1)the consumer or consumer representative is responsible for determining the need for, and providing and/or arranging for any training of the in-home services worker pertaining to the performance of tasks in the consumer’s care plan;

(2)the fiscal intermediary is responsible for training the consumer or the consumer representative and the in-home services worker on the following:

(i)the roles and responsibilities of the fiscal intermediary; and

(ii)the respective roles and responsibilities of the consumer or the consumer representative and the in-home services worker as they relate to the roles and responsibilities of the fiscal intermediary.

(r)At the request of the consumer or consumer representative additional training may be provided. If such training is available, the case manager or fiscal intermediary as designated by the area agency will inform the consumer or consumer representative what additional training is available to the consumer or consumer representative and the in-home services worker, and the entity(ies) responsible for providing it.

(s)Except under consumer directed in-home services, each in-home services worker shall:

(1)have or be designated a supervisor who shall:

(i)be a registered professional nurse who is licensed and currently certified to practice as a registered professional nurse in New York State, meets the health requirements specified in subdivision (l) of this section and either has at least two years satisfactory recent home health care experience or has a combination of education and experience equivalent to at least two years of satisfactory experience with at least one year of home health care experience, or acts under the direction of a registered professional nurse who has at least two years satisfactory recent home health care experience or has a combination of education and experience equivalent to at least two years of satisfactory experience with at least one year of home health care experience; or possess a bachelors degree with a major in social work, psychology, counseling or related field and one year of experience in the health or social services field; or have five years of related experience; and

(ii)have received an orientation from the area agency on EISEP's design, objectives, local administration, standards, policies and procedures;

(2)receive the first supervisory visit in the home of each client to whom he or she is regularly assigned within five working days of the first time he or she is to provide services to the client. If the visit does not take place the first time the worker is to provide services to the client, the supervisor shall contact the client by phone or letter, prior to service delivery, to inform the client of who the worker will be. The first in-home supervisory visit shall include:

(i)demonstration and instruction to the worker and the client concerning specific tasks to be performed;

(ii)orientation to the client and worker; and

(iii)clarification of the roles and responsibilities of the worker, the client and the supervisor in relation to the service plan;

(3)receive regular supervision by the designated supervisor in each client's home at least every six months during which the supervisor shall:

(i)evaluate the skills and performance of the in-home services worker;

(ii)provide to the in-home services worker information, consultation, instruction, and demonstration as needed;

(iii)determine the extent to which client needs are appropriately and adequately being met;

(iv)follow up, as specified by the case management agency, with the client's case manager to report the findings of the supervisory visit; and

(v)provide the client and his or her authorized representative an opportunity to discuss in privacy with the supervisor the service being provided;

(4)receive administrative supervision on a regular basis.

(t)Under consumer directed in-home services, the consumer or consumer representative shall supervise the in-home services worker.

(1)Supervision shall include, but is not limited to, assuring that each in-home services worker competently and safely performs services that are within the worker's scope of services and that are included in the consumer's care plan.

(u)Records of an in-home services agency, area agency directly providing the services or the fiscal intermediary under consumer directed in-home services are subject to review only by the client, his or her authorized representative, case manager, case manager supervisor, area agency, the office, other authorized staff, and authorized program or fiscal monitoring agents.

(v)An in-home services agency or area agency directly providing the services shall maintain a case record for each client receiving in-home services:

(1)containing:

(i)current and past care plan summaries;

(ii)a copy of the current and past authorizations for service;

(iii)a list of names and dates of workers who provide the in-home services;

(iv)dated verifications of service provision, signed by the client or his or her authorized representative;

(v)accident or incident reports;

(vi)on-going narrative notes of a substantive nature that include but are not limited to:

(a)observations;

(b)problems;

(c)plans of action;

(d)records of telephone contacts; and

(e)records of in-home supervisory visits;

(2)updated in a timely manner; and

(3)maintained for six years from the end of the State fiscal year in which the client last received services.

(w)Under consumer directed in-home services, the fiscal intermediary shall maintain a record for each consumer receiving in-home services for whom it serves as the fiscal intermediary:

(1)containing at a minimum:

(i)consumer or consumer representative contact information;

(ii)current and past authorization for services, during the fiscal intermediary's tenure;

(iii)name and other pertinent information of the consumer representative, if applicable;

(iv)name(s) and contact information of in-home services worker(s);

(v)name and contact information of back-up in-home services worker(s);

(vi)a log of contacts between the fiscal intermediary and the case manager and between the fiscal intermediary and the consumer or consumer representative that includes date, who contact was with, summary of contact and follow up;

(vii)documentation of training provided by the fiscal intermediary to the consumer or consumer representative; and

(viii)copies of any consumer specific reports requested by the area agency, case manager, consumer or consumer representative;

(2)updated in a timely manner; and

(3)maintained for six years from the end of the State fiscal year in which the consumer last received services.

(x)Under consumer directed in-home services, the fiscal intermediary shall maintain a record for each in-home services worker:

(1)containing at a minimum:

(i)enrollment form(s) for an in-home services worker;

(ii)contact information;

(iii)documentation of meeting eligibility requirements to be an in-home services worker as referenced in section 6654.15(d)(7) of this Part;

(iv)documentation of compliance with subdivision (l) of this section;

(v)documentation of compliance with subdivision (k) of this section, if applicable;

(vi)copies of any agreements signed by the in-home services worker;

(vii)required payroll and other benefits documents;

(viii)copy of time sheets or electronic time keeping records;

(ix)documentation of any training requests to the fiscal intermediary by the consumer or consumer representative for the in-home services worker; and

(x)a log of contacts between the fiscal intermediary and the in-home services worker that includes date, who contact was with, summary of contact and follow up;

(2)updated in a timely manner; and

(3)maintained for six years from the end of the State fiscal year in which the consumer last received services.

(y)An in-home services agency or area agency directly providing the services shall maintain a personnel record for each in-home services worker containing evidence of compliance with this section. No reimbursement shall be available for services provided by individuals who are not trained and supervised in accordance with this section.

9 NYCRR 6654.18 - EISEP noninstitutional respite services

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Westlaw Inline Boundary Correction
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)EISEP noninstitutional respite services may only be provided to clients receiving ongoing care from informal caregivers pursuant to a service plan based on the overall care plan developed under section 6654.16 of this Part which documents a need for such respite to support or enhance such informal care.

(b)[Reserved]

(c)Respite consisting of housekeeping/chore or homemaking/personal care services shall comply with section 6654.17 of this Part.

(d)Respite consisting of paid supervision shall:

(1)utilize only workers who have been screened for any history of client abuse and any history of conviction for a related felony;

(2)not permit paid supervision workers to deliver any in-home services as defined in section 6654.17 of this Part; and

(3)include 24-hour respite only if provided in the client's home or the home of the primary informal care giver.

(e)Respite consisting of adult day care may not be used to cover the cost of medically oriented services such as medical care, skilled nursing care, skilled therapies, dental care, audiology, podiatry or ophthalmology.

(f)Noninstitutional respite may not be provided in adult homes until the New York State Department of Social Services promulgates regulations for adult day care programs in such adult homes and must, unless otherwise specified by the office, comply with such regulations once promulgated.

(g)Noninstitutional respite may consist of any of the following: homemaker/personal services, housekeeper/chore services, paid supervision, and nonmedical adult day care.

(h)EISEP payments to providers of respite in congregate settings must only be for services provided to individual clients enrolled in EISEP and pursuant to EISEP care plans and cannot be used to subsidize, in whole or in part, services provided to persons not enrolled in EISEP.

9 NYCRR 6654.19 - EISEP ancillary services

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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)Ancillary services include non-medical services, items and other supports which together with other assistance are intended to provide an individual in need of long term care with the ability to remain safely in the community with an acceptable quality of life.

(b)Ancillary services shall be provided only to an EISEP client pursuant to a care plan on a per client basis.

(c)A client will be re-evaluated in accordance with the reassessment process found in section 6654.16 of this Part to insure that all ancillary services provided under this section are appropriate and necessary and continue to be in accordance with the client's care plan.

(d)Expenditures for ancillary services may only be made if no other payment source is available.

(e)Allowable services, items/goods and other supports which may be provided under ancillary services are as follows:

(1)those that maintain or promote the individual's independence such as:

(i)purchasing/renting of equipment or assistive devices;

(ii)purchasing/renting, maintaining and repair of appliances;

(iii)personal and household items;

(iv)social adult day services; and

(v)transportation to needed medical appointments, community services and activities;

(2)those that maintain, repair or modify the individual's home so that it is a safe and adequate living environment, such as:

(i)home maintenance and chores;

(ii)heavy house cleaning; and

(iii)removal of physical barriers;

(3)those that address everyday tasks, such as:

(i)house cleaning;

(ii)laundry;

(iii)grocery shopping, shopping for other needed items and other essential errands;

(iv)bill paying and other essential activities;

(v)providing meals; and

(vi)escort to appointments and other community activities.

(f)The following items or services may not be provided as an ancillary service:

(1)food, except for meals provided under the nutrition program administered by an area agency or other meals that the area agency has determined meet the nutritional requirements of such program;

(2)housing expenses which include, but are not limited to, expenditures for rent, mortgage, property taxes, heating fuel, gas, electricity, water, sewage, garbage collection, cable television and telephone services; and

(3)items or services that can be obtained only with a prescription or doctor's order.

(g)The area agency must have and follow written policies and procedures for ensuring justification and documentation for each ancillary service provided.

(h)Documentation verifying the receipt of the ancillary service must be maintained in the client case record.

(i)For any item or alteration to be left in the client's home for an extended period or permanently, the area agency must have a signed agreement with the client that includes statements regarding ownership of the item or alteration and the responsibilities of the client and agency regarding the item or alteration. Movable durable items remain the property of the area agency until the area agency determines that the item has no appreciable value.

9 NYCRR 6654.20 - Social adult day care programs

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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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)Purpose.

The purpose of this section is to establish minimum requirements for the administration and operation of social adult day care programs as described in this section and for the oversight and other responsibilities of area agencies on aging.

(b)Definitions.

For the purposes of this section:

(1)Social adult day care program or program means a structured, comprehensive program which provides functionally impaired individuals with socialization; supervision and monitoring; personal care; and nutrition in a protective setting during any part of the day, but for less than a 24-hour period. Additional services may include and are not limited to maintenance and enhancement of daily living skills, transportation, caregiver assistance, and case coordination and assistance.

(2)Participant means an adult individual who is eligible for and is receiving social adult day services in accordance with this section.

(3)Functionally impaired means needing the assistance of another person in at least one of the following activities of daily living: toileting, mobility, transferring, or eating; or needing supervision due to cognitive and/or psycho-social impairment.

(c)Area agency on aging responsibilities.

(1)In carrying out oversight and other responsibilities related to social adult day care programs, including the purchase of services, the area agency on aging will comply with Chapter II of this Subtitle, except as otherwise provided in this Part.

(2)Consistent with this section, an area agency on aging may establish additional requirements for social adult day care programs operating under this section.

(3)The area agency on aging shall ensure that providers carry out this section in accordance with the applicable provisions of the Federal Americans with Disabilities Act.

(4)An area agency on aging shall apply these requirements to social adult day care programs, as described in this section, that are provided under contracts entered into or renewed on or after six months from the effective date of these amendments establishing minimum standards for social adult day care programs.

(d)Program standards.

All social adult day care program providers which receive funding from an area agency on aging and all area agencies on aging which directly operate a social adult day care program shall meet the following services and administration standards.

(1)Services standards.

(i)Participant eligibility. A social adult day care program shall serve only individuals who are functionally impaired and will benefit from participation in the program.

(ii)Admission and discharge.

(a)The program shall serve only individuals whose social adult day care needs can be met and managed by the program.

(b)The program shall admit an individual only after an assessment of the individual's functional capacities and impairments has been completed.

(c)The program shall discharge and, if appropriate, assist in making other arrangements for a participant who can no longer be safely or adequately served by the program.

(iii)Service plan.

(a)Each participant shall receive services only in accordance with an individualized written service plan which has been developed by the program staff in conjunction with the participant and, if applicable, the participant's authorized representative. To the extent possible, if applicable, the plan shall be developed in consultation with the participant's informal caregiver(s).

(b)A service plan shall be developed no later than 30 days after a participant's admission to the program and reviewed as necessary or at least once annually.

(c)The service plan shall be based on the assessment and shall be consistent with the needs of the participant.

(d)To the maximum extent possible, each service plan:

(1)shall seek to attain and maintain the highest practicable physical, mental, and psychosocial well being of the participant, including an optimal capacity for independence and self care; and

(2)shall encourage the participant to use his/her existing capacities, develop new capacities and interests and compensate for existing or developing impairments in capacity.

(e)The service plan shall specify the individual participant outcomes expected from the provision of social adult day care services.

(iv)Services.

(a)Required services. Consistent with the needs of the participant, all programs shall provide the following services:

(1)Socialization which:

(i)means planned and structured activities which utilize the participant's skills to the extent possible; respond to the participant's interests, capabilities, and needs; and minimize any impairments in capacity to engage in those activities;

(ii)includes social, intellectual, cultural, educational, and physical group activities; and

(iii)encourages and stimulates the participant to interact with others and seeks to establish, maintain, or improve the participant's sense of usefulness to self and others, the desire to use his or her physical and mental capabilities to the fullest extent, and his or her sense of self-respect.

(2)Supervision and monitoring which:

(i)means observation and awareness of the participant's whereabouts, activities, and current needs during attendance at the program; and

(ii)protects the safety and welfare of the participant and provides ongoing encouragement and assistance to the participant.

(3)Personal care which:

(i)shall include some assistance for the participant with toileting, mobility, transfer, and eating;

(ii)may include total assistance to the participant with toileting, mobility, transfer, and eating; and

(iii)may include some assistance or total assistance to the participant with:

(A)dressing;

(B)bathing;

(C)grooming;

(D)self administration of medication, including prompting the participant as to time, identifying the medication, bringing the medication and any necessary supplies or equipment to the participant, opening the container, positioning the participant for medication and administration, and disposing of used supplies and materials;

(E)routine skin care;

(F)changing simple dressings; or

(G)using supplies and adaptive and assistive equipment.

(4)Nutrition.

(i)Nutrition means providing nutritious meals for participants who are attending the program at normal meal times and includes offering snacks and liquids for all participants at appropriate times.

(ii)Meals shall be consistent with standards set forth in this Part for a nutrition program for the elderly site and as established by the office, unless:

(A)participant meals are brought by the participant; or

(B)the program participates in the USDA Child and Adult Care Food Program.

(iii)If meals are prepared by participants and/or staff as part of a planned activity of the program, such meals to the extent possible shall be consistent with standards set forth in this Part for a nutrition program for the elderly site and as established by the office.

(b)Optional services. Consistent with the needs of the participant, programs may provide the following services:

(1)Maintenance and enhancement of daily living skills which shall include, where appropriate, activities which supplement, maintain, and/or enhance the participant's own daily living skills; and/or training which assists the participant to learn or relearn self-care skills, if possible. Participant skills which may be addressed include:

(i)instrumental activities of daily living including use of transportation, doing laundry, shopping, cooking, using a telephone, and handling personal business and finance;

(ii)self-care skills such as grooming, washing, and dental hygiene;

(iii)use of supplies and adaptive and assistive equipment; or

(iv)other appropriate related skills.

(2)Transportation between the home and the program.

(3)Caregiver assistance which shall include:

(i)facilitating informal caregiver support of the participant;

(ii)fostering understanding of the condition of the participant, the contents of the service plan, and how to maximize at home the use of skills learned or relearned in the program;

(iii)identifying sources of assistance to the informal caregiver and facilitating access to that assistance, including participation in support groups;

(iv)facilitating respite; and

(v)other related assistance.

(4)Case coordination and assistance, which:

(i)shall include establishing and maintaining effective linkages, coordinating with, and, as appropriate, making referrals to and accepting participants from other services providers; and

(ii)may include advising and assisting participants and their caregivers, if any, in relation to benefits, entitlements, and other information and assistance.

(2)Administration standards.

(i)Policies and procedures. Each social adult day care program shall establish, follow, and have on file for review by the area agency on aging or the office written policies and procedures consistent with this section regarding the operation of the program including but not limited to:

(a)participant eligibility;

(b)admission and discharge;

(c)service plan;

(d)staffing plan, including paid and volunteer staff;

(e)participants' rights;

(f)services delivery;

(g)program self evaluation;

(h)records; and

(i)emergency preparedness.

(ii)Program self evaluation. The program shall:

(a)conduct a self evaluation of its administrative, fiscal, and program operations, including feedback from participants and caregivers, at least annually; and

(b)maintain a copy of the self evaluation on file for review by the area agency on aging or the office.

(iii)Records. The program shall:

(a)maintain the following information on file:

(1)administrative and financial records;

(2)participant personal records, including identifying, emergency, and medical information including physician name, diagnosis, and medications; and

(3)services records, including the individual assessment, the service plan, and documentation of the delivery of services; and

(b)treat all information as confidential and shall not disclose or release information except as authorized by Federal or State laws and regulations, or pursuant to court order.

(iv)Staffing.

(a)General requirements.

(1)The program shall have an adequate number of qualified staff, which may include volunteers, to perform all of the functions prescribed in this Part and to ensure the health, safety, and welfare of participants.

(2)The program shall have at least two staff, one of whom shall be a paid staff person, with the participants during the program day.

(3)Health status. The program shall ensure that:

(i)the health status of each staff person who may or will have contact with participants, including the program director, is assessed and documented annually and that the health status of each new staff person is assessed and documented prior to the beginning of contact with the participant to ensure that he or she is free from any health impairment that is of potential risk to others or that may interfere with the performance of his or her duties; and

(ii)each staff person who may or will have contact with participants has a ppd (Mantoux) skin test for tuberculosis prior to employment and no less than every two years thereafter for negative findings or more frequently as determined by the Director of the State Office for the Aging.

(b)Personnel.

(1)Director. Each social adult day care program shall have a paid director.

(i)Qualifications. The director shall be a qualified individual with appropriate educational qualifications and work experience to ensure that activities and services are provided appropriately and in accordance with participants' needs.

(ii)Duties. The director shall:

(A)have the authority and responsibility necessary to manage and implement the program;

(B)ensure compliance and conformity with all applicable local, State, and Federal laws and regulations;

(C)submit program reports, as necessary; and

(D)be responsible for policies and procedures as required by this Part.

(2)Services staff. Services staff shall:

(i)be responsible for carrying out the individualized service plan for participants; and

(ii)complete training as required by this section.

(3)Volunteers.

(i)As determined by the program director, the program shall provide training for volunteers which is appropriate for the tasks to which they are assigned. In making this determination, the program director shall consider whether such volunteer may on occasion be asked or required to perform tasks related to the health, safety, or welfare of participants.

(ii)All volunteers who may or will have contact with participants are subject to the requirements of this section, including the assessment of health status required in this paragraph.

(c)Training requirements for all staff.

(1)Except as otherwise provided in this section, the program shall provide all staff with:

(i)an orientation to the program provider, the community, and the program itself;

(ii)training on working with the elderly, participants' rights, safety, and accident prevention;

(iii)at least six hours of in-service training annually to develop, review, or expand skills or knowledge; and

(iv)training at least annually in the use of fire extinguishers, written procedures concerning evacuation and emergency situations, and emergency telephone numbers.

(2)The program shall provide staff with training appropriate to the tasks to which they are assigned.

(3)The program shall maintain appropriate documentation for all training provided to staff.

(d)Training requirements for service staff.

(1)Prior to delivering any social adult day care services, all service staff including volunteer service staff must complete basic training, or have equivalent knowledge and skills as established in this section, as follows:

(i)orientation to personal care skills;

(ii)body mechanics; and

(iii)behavior management.

(2)Within three months of being assigned to provide social adult day care services, all service staff including volunteer service staff must complete additional training, or have equivalent knowledge and skills as established in this section, which:

(i)is directed by a registered professional nurse, social worker, home economist, and/or other appropriate professional with at least a bachelor's degree or four years professional experience in an area related to delivery of human services or education;

(ii)totals at least 20 hours of group, individual, and/or on-the-job training;

(iii)covers the following topics:

(A)socialization skills and activities;

(B)supervision and monitoring;

(C)personal care skills, taught by a registered nurse;

(D)the family and family relationships;

(E)mental illness and mental health; and

(F)cardiopulmonary resusitation (CPR); and

(iv)includes evaluation of each person's competency in the required content.

(3)Equivalent knowledge and skills.

(i)Persons who have completed personal care training which is approved by the State Department of Social Services or home health aide training or nurse aide training which is approved by the State Department of Health shall be considered by the program to have met the training requirements of this clause.

(ii)Persons who have completed adult day care worker training which is approved by the State Office of Mental Retardation and Developmental Disabilities may be considered by the program to have met those portions of the training requirements which in the judgment of the program are equivalent to the training requirements of this clause.

(iii)Any person who has been employed for at least three months prior to the effective date of this Part by a social adult day care program which has been funded or directly operated by an area agency on aging and who has been delivering social adult day care services may be considered by the program to have met the training requirements of this clause.

(iv)The program shall maintain appropriate documentation for services staff who have equivalent knowledge and skills.

(4)The program shall provide all service staff with periodic on-the-job training, as considered necessary by the program director or an individual who supervises service staff according to criteria for evaluating job performance and the ability to function competently and safely.

(v)Consultants. Programs may arrange for qualified consultants to assist with education, staff training, and other appropriate tasks.

(vi)Physical environment and safety. The program shall:

(a)Use a facility which has sufficient space to accommodate program activities and services.

(b)Maintain and operate buildings and equipment so as to prevent fire and other hazards to personal safety.

(c)Notify in writing the local fire jurisdiction in which the program exists of its presence and hours of operation.

(vii)Emergency preparedness. The program shall:

(a)have current, written procedures for handling emergencies (such as a flood or fire or when a participant is choking or has fainted);

(b)have an easily located file on each participant, listing identifiable information, including physician's name and telephone number and family member's name and telephone numbers, needed in emergencies; and

(c)conduct fire drills at least twice a year and document those drills.

(viii)Insurance. The social adult day care program shall have in effect sufficient insurance coverage, including but not limited to personal and professional liability.

(e)Participants' rights.

(1)The program shall protect and promote the following rights of participants:

(i)Participants shall be treated with dignity and respect.

(ii)Participants shall not be subject to verbal, sexual, mental, physical, or financial abuse, corporal punishment, or involuntary work or service by the program.

(iii)Participants shall not be subject to chemical or physical restraint by the program.

(iv)Participants shall not be subject to coercion, discrimination, or reprisal by the program.

(v)Participants shall be free to make personal choices about accepting or refusing the services and activities offered.

(vi)Personal information about participants shall be kept confidential.

(2)The program shall give a copy of and shall explain the rights to participants and caregivers at the time of admission.

(3)The program shall post these rights, along with the addresses and telephone numbers of the area agency on aging and the office, in a public place which is clearly visible to participants, their families, and program staff.

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