New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 6655
Executive Department
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9 NYCRR 6655.1 - Reimbursement for approved OAA expenditures
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Subject to the matching requirements of this Chapter, the office reimburses area agencies with approved area plans for approved expenditures up to their OAA supportive services and nutrition services allotments determined according to an intrastate funding formula set forth as an attachment to the State plan on aging submitted to the United States Administration on Aging. The office develops the formula after consultation with all area agencies in New York State, publishes it for review and comment, and submits it (and any proposed revisions) to the administration on aging with a summary of comments received. The formula is reviewed and updated at least as often as the State plan on aging.
9 NYCRR 6655.2 - OAA matching requirements
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Of the amounts allocated to area agencies, the office permits no more than 8.5 percent of the sum of the Federal OAA supportive and nutrition services allotments to be used to reimburse area agencies for up to 75 percent of the approved costs for administering the OAA portion of area plans.
(b)The office reimburses area agencies for up to 90 percent of the approved costs for supportive and nutrition services up to their OAA allotments. None of these OAA services funds may be used for program development and coordination, except that program development for the elderly poor is part of senior opportunities and services, which is an allowable service.
(c)Area agencies' non-Federal share of approved expenditures may be met through county (or City of New York) funds appropriated for OAA services, other public and private funds (except for funds used to match other State or Federal noncompetitive funds), in-kind contributions (such as salaries and fringe benefits of personnel assigned to OAA services, including prorated salaries for personnel assigned part-time, the fair market rental value of donated space, and building maintenance) for direct program costs for which an audit trail is maintained, or participant contributions, but may not be met through proceeds of required cost-sharing under EISEP or CSE.
9 NYCRR 6655.3 - OAA priority services
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Except as provided in subdivision (b) of this section, at least 50 percent of the expenditures by an area agency under its supportive services program, excluding amounts used for administration, must be made on the following services, with an adequate proportion spent in each category:
(1)access services, consisting of transportation, outreach and information and referral;
(2)in-home services, consisting of homemaker and home health aide, visiting and telephone reassurance, and chore maintenance, and supportive services for families of elderly victims of Alzheimer's disease and other neurological and organic brain disorders of the Alzheimer's type; and
(3)legal assistance.
(b)The office may waive this requirement only if the area agency demonstrates that the needs of elderly people in the area for one of these categories of service is being met from other sources. If the office grants a waiver, the area agency must spend an agreed percentage of its OAA supportive services allotment on the other two priority service categories. Before an area agency requests a waiver under this section, the area agency shall conduct a timely public hearing, shall notify all interested parties in the area of the public hearing and furnish the interested parties with an opportunity to testify, shall prepare a record of the public hearing, and shall furnish the record of the public hearing to the office with the request for a waiver.
9 NYCRR 6655.4 - Transfer of OAA funds
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
An area agency may request permission from the office to transfer OAA funds between supportive and nutritional services. An area agency may also request permission from the office to transfer funds between congregate and home-delivered nutrition services.
9 NYCRR 6655.5 - Area agency CSE allotments
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Within appropriate amounts, the office reimburses area agencies participating in CSE with approved area plans for 100 percent of their annual approved expenditures for planning and implementation of such plans, including plan preparation and revision, evaluation of CSE projects contained within such plan, execution of interagency agreements necessary to carry out the plan, actions to consolidate, combine or collocate services within the county, and other costs of the area agency necessary to implement such plan, up to statutory limits. (At the time these regulations were promulgated, such statutory limits were, for counties with a population of less than 20,000 elderly persons, $20,000; for the City of New York, $1 for each elderly person residing in the city or $375,000, whichever is less; and for all other counties participating in CSE, $1 for each elderly person residing in the county, or $75,000, whichever is less.)
(b)Within appropriated amounts, the office reimburses area agencies participating in CSE for approved expenditures for implementing approved CSE projects, up to statutory limits, subject to CSE matching requirements. (At the time these regulations were promulgated, such statutory limits were $32,000, or $4 for each elderly person residing in the county [or City of New York], whichever is greater.)
(c)In New York City, annualized CSE project expenditures shall be apportioned to each borough in proportion equal to at least 90 percent and no more than 110 percent of the borough's share of the city's elderly population; provided, however, that no borough shall receive less than three percent of such expenditures.
9 NYCRR 6655.6 - CSE matching requirements
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Within the appropriations available therefor, the office reimburses area agencies with CSE project allotments:
(1)for 75 percent of initial approved expenditures, up to statutory limits (which, at the time of promulgation of these regulations, were $24,000, or $3 per elderly person in the county [or City of New York], whichever is greater); and
(2)for 50 percent of additional expenditures, up to statutory limits (which, at the time of promulgation of these regulations, were $8,000, or $1 per elderly person in the county [or City of New York], whichever is greater). For the purposes of this section, approved expenditures shall exclude:
(i)proceeds from required cost sharing under EISEP, whether or not used to provide CSE services; and
(ii)proceeds from contributions, to the extent not used for local match.
(b)The remainder of approved expenditures may be met through county (or City of New York) funds appropriated for CSE projects, other public and private funds (except for Federal funds allocated to states or localities according to population or other noncompetitive basis or funds used to match other State or Federal noncompetitive funds, or base-year expenditures), in-kind contributions (such as salaries and fringe benefits of personnel assigned to CSE projects, including prorated salaries for personnel assigned part-time, the fair market rental value of donated space, and building maintenance) for direct program costs for which an audit trail is maintained, and participant contributions. Funds received from required EISEP or CSE cost sharing may not be used as any part of the required local match.
9 NYCRR 6655.7 - Area agency EISEP allotments
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)For counties that have not yet developed an approved county home care plan for functionally impaired elderly or that have not yet received EISEP services funds pursuant to such plan, area agencies are eligible to receive reimbursement for 100 percent of the costs of developing such a plan, up to statutory limits, upon approval by the office of a letter of intent from such county to develop such plan. (At the time these regulations were promulgated, such statutory limits for the first year such a plan is developed were, for counties with a population of less than 20,000 elderly persons, $10,000; for the City of New York, 50 cents for each elderly person residing in the city, or $187,500, whichever is less; and for all other counties participating in EISEP, 50 cents for each elderly person residing in the county, or $37,500, whichever is less; and for either of the two years immediately following an area agency's initial submission of such a county home care plan in which such area agency does not receive EISEP services funds, half the foregoing amount for revising such home care plan; provided, however, that no area agency may receive planning funds for more than three State fiscal years.) Such reimbursement shall only be available until a county receives EISEP services funds or through the second year immediately following the county's first submission of a proposed county home care plan for functionally impaired elderly, whichever occurs first; provided, however, that no area agency may receive planning funds for more than three State fiscal years.
(b)Within appropriated amounts, the office reimburses area agencies authorized to provide EISEP services under approved county home care plans for 100 percent of their annual approved expenditures for plan implementation, up to statutory limits. (At the time these regulations were promulgated, such statutory limits were, for counties with a population of less than 20,000 elderly persons, $10,000; for the City of New York, 50 cents for each elderly person residing in the city, or $187,500, whichever is less; and for all other counties participating in EISEP, 50 cents for each elderly person residing in the county, or $37,500, whichever is less.) Implementation funds shall not be available to a county until the State fiscal year after the county's last receipt of planning funds under subdivision (a) of this section.
(c)Within appropriated amounts, the office reimburses area agencies authorized to provide EISEP services under approved county home care plans for approved expenditures for such services, up to statutory limits, subject to EISEP matching requirements. (At the time these regulations were promulgated, such statutory limits were $50,000, or $4 for each elderly person residing in the county [or the City of New York], whichever is greater.)
(d)In New York City, annualized EISEP services expenditures shall be apportioned to each borough in proportion equal to at least 90 percent and no more than 110 percent of the borough's share of the city's elderly population; provided, however, that no borough shall receive less than three percent of such expenditures.
(e)No more than an amount equal to 33 percent of the total county's State EISEP services allotment and local match under EISEP may be spent on ancillary support services. An amount equal to at least 33 percent of the county's State EISEP services allotment and local match under EISEP must be spent on in-home services, except for the first program year in which a county expends EISEP service dollars under its EISEP program.
(f)The office will not reimburse area agencies under EISEP for expenditures incurred for nursing assessments or other nursing services.
9 NYCRR 6655.8 - EISEP matching requirements
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The office reimburses area agencies with EISEP services allotments for 75 percent of approved expenditures, up to statutory limits. For the purposes of this section, proceeds from required cost sharing and participant contributions not used as local match shall be excluded from approved expenditures.
(b)The remainder of approved expenditures may be met through county (or City of New York) funds appropriated for EISEP services, other public and private funds (except for Federal funds allocated to states or localities according to population or other noncompetitive basis or funds used to match other State or Federal noncompetitive funds, or base-year expenditures), and in-kind contributions (such as salaries and fringe benefits of personnel assigned to EISEP services, including prorated salaries for personnel assigned part-time, the fair market rental value of donated space, and building maintenance) for direct program costs for which an audit trail is maintained. Funds received from required EISEP or CSE cost sharing may not be used as any part of the required local match.
9 NYCRR 6655.9 - CSE and EISEP maintenance of effort
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The office will only approve for CSE or EISEP reimbursement expenditures above the level or expenditures made by the area agency and other public or private service providers participating in the CSE plan during the county's or New York City's 1979 fiscal year or the fiscal year immediately preceding the first year the area agency participated in CSE.
(b)The office will only approve reimbursement for EISEP expenditures made by an area agency if the area agency maintains CSE spending at least as high as such area agency's spending during State fiscal year 1985-86 for:
(1)total CSE service projects expenditures; and
(2)CSE expenditures for similar nonmedical in-home, case management, and noninstitutional respite (provided that funds may be shifted among in-home, case management, and noninstitutional respite services).
9 NYCRR 6655.10 - Restriction on delegation
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Except for OAA funds covered by transportation agreements under section 6654.14 of this Title, the office and area agencies may not delegate to another agency the authority to award or administer OAA, CSE or EISEP funds.
9 NYCRR 6655.11 - Vouchering procedures
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Area agencies submit vouchers on forms and in accordance with such procedures and timetables as shall be prescribed by the office.
9 NYCRR 6655.12 - Obligation and reallotment
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Except as provided in subdivision (b) of this section, area agencies must obligate any OAA, CSE or EISEP funds during the program period for which they are allotted.
(b)To the extent permitted by the United States Administration on Aging and to the extent awarded by the office, area agencies may obligate OAA funds during a program period subsequent to the period during which they are initially allotted. Area agencies that retain carry-over funds in excess of a percentage, to be determined by the office, shall be required to use such excess carry-over funds for targeting efforts.
(c)CSE and EISEP funds may not be reallocated after the end of the program period unless the funds are reappropriated for the next State fiscal year.
(d)Income generated under OAA, CSE or EISEP programs (including required cost-sharing under EISEP and CSE) shall, unless otherwise specifically authorized by the office, be utilized to pay for expenses incurred during the program period in which the income was received.
9 NYCRR 6655.13 - State expenditures for rural areas
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
In each year, the office awards under the formula to the area agencies serving areas that were outside standard metropolitan statistical areas as specified by the United States Department of Commerce in 1978 at least 105 percent of the funds expended in such areas in 1978 for services to older persons under titles III, V and VII of the Older Americans Act.