MBA Operations Policy #6: Designation of and Changes to an Agency’s Designation as an Area Agency on Aging

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. 305 (a)(2)(A), (b)(5)(B), (b)(5)(C)(I) and (c)(1)- (4) 45 CFR 1321.19 & 1321.21
Operating Category	MBA Operations

Policy

1. For each PSA, the MBA shall designate a single public or private nonprofit agency or organization as the AAA for such area, after considering the views offered by the unit or units of general-purpose local government in such area.

2. An AAA may serve more than one PSA. An AAA that serves more than one PSA must maintain separate funding, planning, and advocacy responsibilities for each PSA.

3. An AAA may be any of the following types of agencies:

A. An established office on aging which is operating within a PSA;

B. Any office or agency of a unit of general-purpose local government, which is designated to function for the purpose of serving as an AAA by the chief elected official of such unit;

C. Any office or agency designated by the appropriate chief elected officials of any combination of units of general-purpose local government to act on behalf of such combination for such purpose; or

D. Any non-State, local public or nonprofit private agency in a PSA, or any separate organizational unit within such agency which is under the supervision or direction for this purpose of the designated State agency and which demonstrates the ability and willingness to engage in the planning or provision of a broad range services under the Act within such PSA.

4. When designating or redesignating an AAA, the MBA shall give the right of first refusal to a unit of general-purpose local government if such unit can meet the requirements listed in item 3 above and the boundaries of such a unit and the boundaries of the PSA are reasonably contiguous. If the unit of general-purpose government chooses not to exercise this right, the MBA shall then give preference to an established office on aging, unless the MBA finds no such office within the PSA will have the capacity to carry out the Area Plan as specified in item 3 above.

5. When designating an AAA, the MBA shall request applications from interested and qualified agencies or organizations who comply with item 3 above after considering the views of units of general-purpose local government as required in paragraphs 1 and 4 above. The application process is described under the Procedures section of this policy.

6. The MBA may change the designated AAA for a PSA. A change in designation must first involve the withdrawal of designation from an existing AAA. That withdrawal process may occur in one of two ways:

A. An AAA voluntarily relinquishes their designation as an AAA by submitting a written notice, signed by the chairperson of the AAA’s governing board, to the MBA. The AAA should provide at least 45 calendar days of notice to help facilitate an orderly transition; the MBA may determine, at its discretion, that a shorter notice period is appropriate. The MBA must acknowledge and accept the voluntary relinquishment in writing within 14 calendar days. The MBA’s written acceptance of the voluntary relinquishment notice shall constitute MBA’s withdrawal of the AAA’s designation.

If this occurs, MBA must promptly begin the process of designating a new AAA and temporarily take on the functions of the AAA.

B. When MBA takes action to withdraw an AAA’s designation for one of the following reasons:

· i. An AAA does not meet the AAA Designation requirements;

· ii. An area plan or plan amendment is not approved;

· iii. There is substantial failure in the provisions or administration of an approved area plan to comply with any provision of the OAA, regulations and other guidance as set forth by the Assistant Secretary for Aging, terms and conditions of Federal grant awards under the Act, or policies and procedures established and published by the MBA AND the AAA has not come into compliance with the terms of a written corrective action plan in a reasonable timeframe; or

· iv. Activities of the AAA are inconsistent with the statutory mission prescribed in the OAA; or

· v. MBA changes one or more planning and service area designations

7. The MBA seeks to support existing AAAs where possible provided the AAA is working in good faith to carry out its responsibilities in a compliant manner. If the MBA is concerned about an AAA’s capacity to fulfill its obligations as an AAA in a compliant manner, the MBA must communicate those concerns in writing to the AAA and establish a corrective action plan with reasonable timeframes for action. Unless an egregious situation occurs (for example, fraud or mismanagement of funds), the MBA may not begin the process of withdrawing an AAA’s designation without first communicating about any material concerns and providing an opportunity for the AAA to comply through a corrective action plan.

8. The Chair of the MBA shall provide the Chair of the AAA’s governing board with a written notice 90 days before the effective date of the withdrawal of designation. The notice shall advise the AAA of the reason for the withdrawal and provide an opportunity for a hearing consistent with MBA Operations Policy #10: Hearings. The procedures for the withdrawal process are described below under the Procedures section of this policy.

9. If the MBA withdraws the designation of an AAA, the MBA will temporarily assume the duties of that AAA for a 90-day period while the MBA begins the process of designating a new AAA as outlined in this policy. The MBA must inform the Assistant Secretary for Aging through a State Plan Amendment. If a new AAA is not chosen within 90 days, MBA may request an extension and demonstrate why the extension is needed.

Procedures

1. The following is the process for designating a AAA.

A. The MBA shall inform units of general purpose local government that a new AAA is needed for the PSA. The MBA will provide this notification through a letter to the chief executive of each county in the PSA and any non-State regional government units.

· i. These local units of government will initially have 30 calendar days to consider whether they have interest in serving as the AAA and provide written notification to the MBA indicating this interest. The local unit of government will then have an additional 30 calendar day period to work with the MBA to determine whether it has the ability and willingness to engage in the planning or, where allowable, the provision of a broad range of OAA services.

· ii. If no local unit of government is interested in being designated as the AAA or it is determined no unit of government is able to perform the functions of an AAA, the MBA will then inform any established office on aging in the PSA that a new AAA is needed for the PSA and invite those entities to submit an application for designation as a new AAA.

B. The MBA shall:

· i. Publish in the State Register, at least 60 days in advance of a deadline, its intent to accept applications for AAA designation.

· ii. Describe in a request for proposal (RFP) available to interested parties: the PSA(s) for which applications are being accepted, federal and state requirements for an AAA, review criteria and process to be followed, and hearing processes afforded in MBA Operations Policy #10: Hearings.

· iii. The MBA shall convene a panel of MBA Board members to review applications. The panel must be comprised of at least three and no more than five members. Panel members must follow Title III Administrative and Financial Requirements Policy #2: Conflict of Interest and sign a conflict-of-interest disclosure form prior to the review of applications.

· iv. The panel will review applications within 30 days after the application deadline.

· v. After reviewing the applications, the application review panel will conduct a hearing. The panel will follow the process described in MBA Operations Policy #10: Hearings, except that the application review panel shall be the hearing panel and the merits of the applicants shall be the consideration of the panel. The panel will make a recommendation to the MBA Board, taking into account the information presented at the public hearing.

C. The MBA Board will consider the recommendation of the review panel. The MBA shall accept or reject the recommendation in making its decision.

D. The MBA will notify applicants in writing within 30 days of the application deadline of its selection decision and afford those applicants who are not selected the opportunity for a hearing consistent with MBA Operations Policy #10: Hearings.

E. If there are no successful applicants in the MBA’s application process, the MBA must temporarily assume the functions of an AAA and begin the process for identifying a new AAA again.

2. The following is the procedure for withdrawing an existing AAA’s designation as an AAA if the action to withdraw the AAA’s designation is initiated by the MBA:

A. If the MBA initiates action to withdraw the Area Agency on Aging (AAA) designation of an entity designated as a AAA, the MBA will provide written notice 90 days in advance of the proposed effective date of the withdrawal of such initiation to the affected entity.

B. The AAA may determine whether it would like a public hearing held on the MBA’s proposed action to withdraw the AAA’s designation. If the AAA would like a public hearing, it must request the hearing in writing within 10 calendar days of receiving MBA’s notice of intent to withdraw AAA designation.

· i. If the AAA does not request a public hearing in response to the MBA’s notice to withdraw AAA designation within the 10 calendar day period, the MBA may proceed with the withdrawal of designation by informing the AAA in writing.

· ii. If the AAA does request a public hearing, the MBA will convene and conduct the hearing according to the provisions of MBA Operations Policy #10: Hearings.

C. If the MBA moves forward with a decision to withdraw an AAA’s designation with or without a public hearing, the MBA must move promptly to begin the process for designating another entity as the AAA and temporarily take on the functions of the AAA or temporarily assign the functions to another agency in the PSA after the date of withdrawal of the AAA’s designation while this process is underway.