MBA Operations Policy #4: Planning and Service Area Designation

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)(1)(E) 45 CFR 1321.13
Operating Category	MBA Operations

Policy

1. The MBA designates PSAs and has authority to change designated PSAs. In total, no more than seven PSAs may be designated.

2. A proposal to change designated PSAs may occur at the initiation of the MBA or may be proposed by another entity with standing outside the MBA for the MBA to consider and make a decision.

3. When designating or considering redesignation of a PSA, the MBA must consider:

A. The geographic distribution of older individuals;

B. The incidence of the need for services under the Act;

C. The distribution of older individuals who have the greatest social or economic need (with particular attention to older low-income persons of color, older individuals with limited English proficiency, and older individuals residing in rural areas) residing in such areas;

D. The distribution of older individuals who are American Indians residing in such areas;

E. The distribution of resources available to provide such services under the Older Americans Act.

F. The boundaries of existing areas within the state which were drawn for the planning or administration of services under the Act.

G. The location of units of general-purpose local government within the state;

H. Any other relevant factors as determined by the MBA.

4. Any unit of general-purpose local government with a population of 100,000 or more, region within the state recognized for area wide planning, metropolitan area, or Tribal nation is considered to have standing and may make application to MBA to change the boundaries of an existing PSA, in accordance with MBA procedures. If an external entity wishes to propose a change to a designated PSA, the entity must follow the process outlined under the “Procedures” section below. These criteria are only applicable for purposes of determining whether an external entity has standing to apply to change the boundaries of an existing PSA.

5. Regardless of whether the MBA or an external entity with standing proposes a change to a PSA designation, MBA shall take the following steps:

A. Ensure notice is provided to interested parties, including AAAs, service providers, and the broader public in both the current PSA and the proposed PSA;

B. Provide the public with notice of the proposal and an opportunity to comment for a 60-calendar day period. If the MBA is initiating the proposal to adjust existing PSA boundaries, it must provide a rationale for its proposal to do so and the estimated impact on distribution of OAA funding that would likely result as part of the public notice process.

C. Convene a public hearing at a public location about the proposed change either prior to the beginning of the public comment period or within the first 30 days of that public comment period. If the MBA is initiating the proposal to adjust existing PSA boundaries, it must provide a rationale for its proposal to do so and the estimated impact on distribution of OAA funding that would likely result.

D. During the public hearing, AAAs, service providers, older individuals and other interested parties must be given the opportunity to provide input and feedback about proposed changes.

E. The public hearing is considered an MBA hearing under MBA Operations Policy #10: Hearings and shall be conducted by an MBA hearing panel in accordance with Paragraphs 3C-E of that standard. MBA decision-making and notification processes as well as appeal processes are also described in that Policy.

Procedures

1. Any of the groups with standing that wish to propose a change in the designation and/or boundaries of an existing PSA must notify MBA in writing of their intent, the areas proposed to be affected, and briefly summarize the reasons for their action. This written notice must be submitted to the MBA’s Executive Director.

A. The MBA must provide written acknowledgement of such a proposal within 10 calendar days of its receipt. The MBA must also provide written notification to a current AAA serving the existing PSA that an organization has requested redesignation of the PSA it serves within three calendar days of providing a written acknowledgement to the notifying organization.

B. Within 30 calendar days of receiving the notification, MBA will provide the notifying organization with the format in which a comprehensive application can be made to change the boundaries of an existing PSA.

C. The MBA will not consider or respond to external proposals to modify PSA designation if the proposal is not submitted from an organization with standing to submit the proposal.

D. The MBA will not consider proposals to increase the total number of PSAs above seven.

MBA must provide written acknowledgement of an application within ten calendar days of its receipt.

2. In its review of an external application for designation of a PSA, MBA may determine that a problem lies in the management of an existing AAA(s) in the affected area(s). In that case, MBA shall assess whether the problems with the existing AAA(s) can be resolved.

At its discretion, MBA may choose to defer action on the petition for designation and may develop a formal, time-limited technical assistance plan to resolve identified issues within the existing AAA(s) within a six-month time period. If the technical assistance effort is unsuccessful, MBA will proceed with public notification, convening of a public hearing, and conducting a public comment period for redesignating the PSA. In this scenario, MBA will also initiate the process to withdraw AAA designation as described in MBA Operations Policy #6: Designation and De-designation of Area Agencies on Aging.

3. If the MBA initiates a process to redesignate one or more PSAs, it must first notify affected AAAs in writing before engaging in the public notification process described below.

4. In proceeding with the public notification, hearing, and public review/comment process either in response to an external proposal to adjust PSA designation or as a step pursuant to MBA’s own proposal to adjust PSA designation, the MBA shall take the following steps:

A. Provide written notice to the AAA serving the existing PSA and the AAA serving the current PSA proposed for expansion;

B. Provide written notice on the MBA’s website of the proposal and the following information;

· i. the date, time and location of the public hearing;

· ii. how interested members of the public may participate in the hearing;

· iii. how to request accommodation to participate in the hearing

· iv. the dates of the public comment period;

· v. a mechanism by which members of the public and interested parties may submit comments.

5. After holding a public hearing and conducting a public comment period, the MBA will make and communicate a decision about whether and how to adjust existing PSA designations consistent with Hearing procedures described in paragraphs 2(f)-(i) of MBA Operations Policy #10: Hearings. The written decision must include consideration of the factors described in this Policy paragraph 3.

6. Any applicant whose application for PSA designation is denied by MBA has the right to appeal the denial to the U.S. Department of Health and Human Services Departmental Appeals Board as described in MBA Operations Policy #10: Hearings.

7. If the MBA issues a decision to change PSAs, the MBA shall submit an amendment to its State plan providing information about the PSA designation change and the rationale for the change.