AAA Operations Policy #4: Minimum Adequate Proportion for Priority Services

This content is part of a public comment period. For more information, refer to Minnesota Board on Aging – State Plan on Aging.

Authority Reference	OAA, Sec. 306(a)(2) 45 CFR Part 1321.3 (Definitions) 45 CFR Part 1321(c)(2)(v)
Operating Category	AAA Operations

Policies

1. The following general principles apply to minimum percentages which must be spent for Title IIIB services:

A. In-Home, Access, and Legal Assistance are defined as priority services under OAA, Sec. 306(a)(2).

B. The minimum percentage is intended to be a floor, not a ceiling. AAAs are encouraged to devote additional funds to each of these service areas to meet local needs.

C. AAAs should be given flexibility to administer their programs at the local level.

2. The minimum percentages are established as follows:

A. 5% for Access Services, which are defined as “services which may facilitate connection to or receipt of other direct services”, including transportation, assisted transportation, outreach, information and assistance, special access, and options counseling.

B. 5% for In-Home Supportive Services, which include homemaker, visiting, telephone reassurance, chore maintenance, respite care for families, and minor home modification.

C. 10% for Legal Assistance Services, which means “legal advice and/or representation provided by an attorney to older individuals with economic or social needs…Legal assistance may include, to the extent feasible, counseling or other appropriate assistance by a paralegal or law student under the direct supervision of an attorney, and counseling or representation by a non-lawyer as permitted by law”.

3. In addition to the 10 percent base allocation for legal services and education, AAAs shall make an additional award of a minimum of $1,000 per Area Plan year to contracted legal service providers for the purpose of skills development. These funds are to be used by the legal service provider to attend conferences, trainings or other symposiums that further education in elder law issues or assist with advocacy, writing, trial skills development or other legal and/or technical skills to enhance the quality of legal services provided and benefit clients served by OAA funds. The money cannot be carried over between Area Plan years and any money not spent by the provider for this purpose can be reallocated to provision of direct legal services (not legal education or outreach), after consultation with and approval by the AAA.

4. Additionally, at least 40% of Title IIIB funds must be spent for all three priority services combined. The additional legal services “skills development” awards count toward the 40% required expenditure level.

5. The minimum percentages will be based upon the amount of Title III-B funds that are distributed by formula to the AAAs before any transfers involving III-B funds or use of III-B funds for Program Development and Coordination purposes.

6. AAAs seeking an exception to this policy must submit a waiver request consistent with MBA Operations Policy #9: Waiver Requests.

Procedures

1. AAAs should demonstrate in their Area Plan budgets the percentage of their Title IIIB funds planned to be used for each of these priority services and report on these expenditures over the course of the Area Plan year through standard financial reporting processes.

2. AAAs which do not plan to fund a Title IIIB priority category of service at the required minimum percentage must submit a waiver request. The waiver request must include the following information:

A. Categories of service to be waived, i.e. access, in-home, or legal.

B. The amount of the waiver requested (for example, is the request to provide no funding for a particular service or is it to provide some funding, but not at the minimum percentage required?)

C. Justification that existing services provided in the PSA for the waiver category are sufficient to meet the need. Justification should include:

· i. types of services in the category available in the PSA,

· ii. funding sources and amounts available,

· iii. history of service usage,

· iv. needs assessment data,

· v. efforts to publicize services,

· vi. comments from providers of services,

· vii. Whether a waiting list exists

D. Documentation of notice to conduct a timely public hearing, upon request of an individual or service provider from the area to be affected by decision, prior to submission of a waiver request, including:

· i. Copies of publicity to conduct a hearing.

· ii. Lists of individuals and agencies notified.

· iii. Lists of individuals or service providers who requested a hearing.

E. The record of the public hearing, if one occurred. In order for the AAA to demonstrate public knowledge about ability to request a hearing, it is recommended that the AAA:

· i. Publicize the opportunity for stakeholders to request a hearing sufficiently in advance so that interested parties can make a request for a hearing.

· ii. Publicize the opportunity to request a hearing in a variety of ways to enable potentially interested parties to be aware of the ability to request a hearing, to have sufficient background to understand the purpose of a hearing, and to be able to testify at the hearing if desired. In addition to a legal notice in the classified section of a newspaper, letters, flyers, larger newspaper articles or other similar announcements are recommended for the purpose of substantiating the AAA provided adequate notice of the opportunity to request a hearing.

· iii. Notify interested parties of the ability to request a hearing, such as those individuals or groups specified below:
A. All Categories of Service: Clients, potential clients, senior advocates, local advisory council members, designated state advisory council member for the area, representatives or relatives of clients, local elected officials, and agency staff.
B. Access Services: Information and referral providers, public or private transportation providers and outreach staff.
C. In-Home Services: Chore provider agencies, local health departments, homemaker provider agencies, friendly visitor and telephone reassurance agencies or volunteers, and homemakers.
D. Legal Assistance: Minnesota’s Legal Service Corporations, representatives of the Minnesota Bar Association.

3. Waiver requests will be evaluated based on whether all required components of the waiver submission have been adequately addressed and the degree to which the AAA has demonstrated the need for the priority service is adequately addressed through other means.