58A-1.007. Area Agency on Aging Functions and Responsibilities

(1) Within the planning and service area, an area agency on aging must:

(a) Serve as an effective and visible advocate and focal point for older persons in the planning and service area; and

(b) Develop and administer the area plan for a comprehensive and coordinated system of services for older persons in accordance with the requirements of its contract with the department.

(2) Each area agency on aging must agree to the following responsibilities:

(a) Establish and maintain a board of directors and an advisory council. The responsibilities, membership, frequency of meeting, by-laws and minutes of the advisory council must follow the conditions as required under Section 306(a)(6)(D) of the Older Americans Act of 1965, as amended in 2006.

(b) Establish and maintain staff to administer the area plan.

(c) Plan social, health, nutrition and in-home services to meet the current and projected needs of older persons in the planning and service area, within the limits of available funds.

(d) Contract with service providers to assist socially or economically needy older persons, with special emphasis on low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency and older individuals residing in rural areas, as established by local needs assessment information.

(e) Have procedures for handling complaints from persons whose services have been denied, terminated or reduced under any programs funded by the Older Americans Act. The procedures shall be developed in accordance with the area agency on aging’s contract with the department.

(f) Provide programmatic and technical assistance to service providers and monitor and assess services provided under the area plan.

(g) Provide financial management services, technical assistance and financial monitoring of the operations of the service providers, and maintain accountability for all contracted funds awarded by the department.

(h) Provide training and staff development necessary for the implementation of the area plan.

(i) Accurately prepare and submit programmatic and fiscal reports required by departmental policies in a timely manner as specified in its contract with the department.

(j) Coordinate with other programs serving older persons to ensure a comprehensive service delivery system.

(k) Ensure that membership of the area agency on aging governing board is composed of persons residing within the planning and service area. Each governing board shall adopt in its by-laws specific policy concerning conflict of interest regarding board members. No conflict policy shall be less stringent than the Code of Conduct provided in Chapter 112, Part III, F.S., the Code of Ethics for Public Officers and Employees.

(3) The Area Agency on Aging is authorized to plan and administer the programs listed in this subsection as established by the provisions of its contract with the department:

(a) Older Americans Act of 1965, as amended in 2006:

Title III B – Supportive Services and Senior Centers Program;

Title III C – Nutrition Programs;

Title III D – Disease Prevention and Health Promotion Services Program;

Title III E – National Family Caregiver Support Program; and

Title VII – Elder Abuse, Neglect, Exploitation. The department shall directly administer programs from Title VII, Older Americans Act, Programs for Prevention of Elder Abuse, Neglect, and Exploitation; and the Outreach, Counseling, and Assistance Program.

(b) Emergency Home Energy Assistance for the Elderly Program.

(c) Medicaid Waiver Aged and Disabled Adults (ADA) and Assisted Living for the Elderly (ALE) programs.

(d) United States Department of Agriculture programs.

(e) Additional federal grant programs as awarded by the federal government.

Rulemaking Authority 430.08 FS. Law Implemented 20.41, 430.03, 430.04 FS. History–New 12-23-81, Formerly 10A-11.07, 10A-11.007, Amended 3-28-95, 9-24-08.