Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE Y. NEW YORK STATE OFFICE FOR THE AGING
CHAPTER II. OLDER AMERICANS, COMMUNITY SERVICES, AND EXPANDED IN-HOME SERVICES FOR THE ELDERLY PROGRAMS
PART 6654. SERVICES
Date:
08/31/2009
Document:
ยง 6654.10 OAA- and CSE-funded programs nutrition services-area agency responsibilities
(a) Congregate meal program. (1) Any person age 60 or older, and the spouse of such a person is eligible to participate in the congregate meal program.
(2) For OAA, handicapped or disabled individuals under age 60 who reside in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided may also be served.
(3) Nutrition service providers may, in accordance with procedures established by the area agency, offer a meal, on the same basis as meals are provided to elderly participants, to younger individuals providing volunteer services.
(b) Home-delivered meals programs.
(1) Any person 60 or older is eligible to receive home delivered meals provided that such person:
(i) is incapacitated due to accident, illness or frailty; and
(ii) lacks the support of family, friends or neighbors; and
(iii) is unable to prepare meals due to a lack or inadequacy of facilities, or an inability to shop, cook or prepare meals safely, or a lack of knowledge or skill.
(2) The spouse of such a person, regardless of age, may receive home-delivered meals if, according to criteria determined by the area agency, receipt of such meals is in the best interest of the homebound elderly person.
(3) The area agency must insure that each person referred for or requesting home-delivered meals is assessed to determine the need for such services.
(i) The area agency must also document adequate follow-up and reassessment.
(ii) The area agency must assure the use of standardized client assessment procedures that are consistent with the office's guidelines.
(c) Area agencies must subgrant or subcontract with providers that have a demonstrated ability to provide services efficiently and reasonably. Nutrition funds awarded by the office shall not supplant funds from other sources. Furthermore, funds awarded under other programs, such as the State nutritional assistance program (SNAP) shall not supplant title III-C funds.
(d) The area agency must assess the level of need for congregate and home-delivered meals in the area agency.
(e) The area agency must have written policies and procedures related to the provision of nutrition services. The area agency must provide documentation to the office of all monitoring, assessment and technical assistance related to the provision of nutrition services.
(f) The area agency shall have a full-time staff person who is responsible for nutrition oversight and operations.
(g) A registered or registration-eligible dietitian on the staff of or working as a consultant for the area agency is employed for an adequate number of hours (but in no case less than an average of eight hours per week) as determined in consultation with the office.
(h) The area agency must assure that nutrition projects seek advice from competent persons in the field of nutrition, from elderly program participants and from persons knowledgeable in the field of aging.
(i) The area agency must assure that all facilities used for meal preparation and/or service delivery must meet all applicable Federal, State requirements, including the Sanitary Code, part 14 requirements, and all local health, sanitation, fire and safety regulations.
(j) The area agency must notify the office and receive written approval before a nutrition site is opened, closed or relocated. All sites, centers and food preparation facilities must be inspected annually and have a current valid operating certificate from the Department of Health. Operating certificates must be kept on file at the area agency for the office to review.
(k) The area agency must assure that all food used for the nutrition program meets those standards of quality, sanitation and safety that apply to food sold commercially. Outbreaks of food-borne illnesses must be reported by the area agency to appropriate local officials and to the office.
(l) The area agency must assure that each nutrition provider has a sufficient number of staff that are properly trained and oriented, in accordance with the office's regulations and standards, and the Department of Health sanitary code standards.
(m) Nutrition education information and programs are planned by a registered dietitian/nutritionist and made available to participants of the congregate and home-delivered meals programs on a regularly scheduled basis.
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