COMMENT DUE DATE:
March 19, 2015
DATE:
February 9, 2015
Jennifer Case, Aging Services 405 521-4489
Nancy Kelly, OIRP Policy Specialist 405 522-6703
RE:
APA WF 14-17
The proposed policy is Permanent . This proposal is subject to the Administrative Procedures Act
SUBJECT:CHAPTER105.AGINGSERVICES DIVISION
Subchapter10.PoliciesandProceduresManualforTitleIllofthe
OlderAmericansActof 1965,asAmended
Part3.StateAgency
OAC340:105-10-12[AMENDED]
Part7.Program Standards for Services Funded Under Title III
OAC340:105-10-77[AMENDED]
OAC340:105-10-85 [AMENDED]
(ReferenceWF 14-17)
SUMMARY:Theproposedrevisionsto Chapter 105 Subchapter10amendtherulesto matchchangesintheStateCouncilonAgingmembershipandchangestotheOklahomaState DepartmentofHealthFoodServices EstablishmentRegulations.
Oklahoma Administrative Code (OAC)340:105-10-12isamendedtochangeexistingpolicytoreflectchanges intheStateCouncilonAgingmembership by-laws.
OAC340:105-10-77isamendedtoexpand the holdingtimeoffoodpreparationanddisallowingreheatingoffoodforcongregatemeals.
OAC340:105-10-85isamendedtoexpanddelivery time,propermarkingoftimeformealssafety,andinstructionsforreheatingorchilling food forhome deliveredmeals.
PERMANENT APPROVAL:
Permanent rulemaking is requested.
LEGAL AUTHORITY:
DirectorofHumanServices;Section162ofTitle56oftheOklahomaStatutes; and theOlderAmericansActof1965,asAmended.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Lance Robertson, Director
Aging Services
Date:January 16, 2015
Re:CHAPTER105.AGINGSERVICES DIVISION
Subchapter10.PoliciesandProceduresManualforTitleIllofthe
OlderAmericansActof 1965,asAmended
Part3.StateAgency
OAC340:105-10-12[AMENDED]
Part7.Program Standards for Services Funded Under Title III
OAC340:105-10-77[AMENDED]
OAC340:105-10-85 [AMENDED]
(ReferenceWF 14-17)
Contact:JenniferK.Case405-521-4489
A.Brief description of the purpose of the proposed rule:
Purpose.Theproposedrevisionsto Chapter 105 Subchapter10amendtherulesto matchchangesintheStateCouncilonAgingmembershipandchangestotheOklahomaState DepartmentofHealthFoodServices EstablishmentRegulations.
Strategic Plan Impact.Theproposedrulesachieve Oklahoma Department of Human Services (DHS)goalsbycontinuouslyimprovingsystemsandpractices.
Substantive changes.
Oklahoma Administrative Code (OAC)340:105-10-12isamendedtochangeexistingpolicytoreflectchanges intheStateCouncilonAgingmembership by-laws.
OAC340:105-10-77isamendedtoexpand the holdingtimeoffoodpreparationanddisallowingreheatingoffoodforcongregatemeals.
OAC340:105-10-85isamendedtoexpanddelivery time,propermarkingoftimeformealssafety,andinstructionsforreheatingorchilling food forhome deliveredmeals.
Reasons.
TheproposedrevisionsensureStateCouncilonAging(SCoA)policymatchestheSCoAbylaws. Theserevisionswillalsobringthecongregateandhomedeliveredmealpreparationin compliancewiththelatestOklahomaStateDepartmentofHealthFoodServicesEstablishment Regulations per OAC310:257-5-9,310:257-5-52,and310:257-5-62.
Repercussions.
TheproposedruleswillensureAgingServicesanditscontractorsmeetthelatest state regulations and rules.
Legal authority.
DirectorofHumanServices;Section162ofTitle56oftheOklahomaStatutes;
and theOlderAmericansActof1965,asAmended.
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:Theclassesofpersonsmostlikelyaffectedbytheproposedrulesarethecontractorsand participantsof the OlderAmericans(OAA)ActTitleIllmealservices. Theaffectedclassesof personswillbearnocostsassociatedwiththeimplementationoftheserules. TheStateCouncil onAgingproposedrulechangehasaneutraleffectonallpartiesinvolved.
C.A description of the classes of persons who will benefit from the proposed rule:Theclassesofpersonswhowillbenefitfromtheproposedrulechangesarethecontractorsand participantsofOAATitleIllmealserviceswhowillremaincompliantwiththelatestOklahoma StateDepartmentofHealthFoodServicesEstablishmentRegulations.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, separate justifications for each fee change:Theproposedrulechangesdonothaveaneconomicimpactontheaffectedentities. Thereare nofeechangesassociatedwiththerevisedrules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:Therearenoprobablecosts associatedwiththeproposedrulerevisions. Theproposedrules revisionsensureOAAparticipantsreceivemealsthatmeetthelatestOklahomaState DepartmentofHealthfoodserviceguidelines.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivision be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: TherearenoanticipatedadverseeffectsonsmallbusinessasprovidedbytheOklahomaSmall BusinessRegulatoryFlexibilityAct.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule revisions.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:Implementation oftheproposedruleswillbringpolicyintocompliancewiththelatestOklahoma StateDepartmentofHealthFoodServicesEstablishmentRegulations,positivelyimpactingthe health,safety,andwell-beingofolderOklahomanswhoparticipateinOAAmealservice programs.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:Iftheproposedrulesarenotimplemented,AgingServicescontractorswillbeoutofcompliance withthelatestOklahomaStateDepartmentofHealthFoodServicesEstablishedRegulations guidelinesforfoodholdingtimesandtemperatures.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared:January 1, 2015.
CHAPTER 105. AGING SERVICES DIVISION
SUBCHAPTER 10. POLICIES AND PROCEDURES MANUAL FOR TITLE III OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED
PART 3. STATE AGENCY
340:105-10-12. State Council on Aging
(a) Policy.The State of Oklahoma has a State Council on Aging meeting the requirements for the Older Americans Act (OAA), and the Aging Services Division (ASD) (AS) need for statewide representation from older Oklahomans and service providers.
(b) Authority.The authority for this Section is Section 305 of the OAA of 1965, as amended and the Oklahoma State Council on Aging Bylaws.
(c) Procedures.The State Council on Aging is composed of 30 members, at least 18 of whom are 60 years of age or older, residents of the state, and have demonstrated an interest in, knowledge of, and exhibited achievements with respect to the concerns of older persons.
(1) Members of the State Council on Aging include:
(A) one member appointed by the Governor;
(B) one member appointed by the President Pro Tempore of the State Senate;
(C) one member appointed by the Speaker of the House of Representatives; and
(D) 27 members appointed by the Oklahoma Department Director of Human Services (OKDHS) (Director) and include:
(i) five members who are 60 years of age or older and are participating consumers or volunteers working regularly in aging programs chosen from Area Agency on Aging (AAA) advisory council nominees.Each AAA advisory council submits one nominee for consideration from their respective planning and service areas.The consumer or volunteer nominee members chosen include residents of rural counties and represent citizens from varied economic levels whose duration and frequency of work, past and present, is considered.
(ii) one nominee member is submitted by entities (I) through (XIII):
(I) Oklahoma Association of Area Agencies on Aging;
(II) Oklahoma State Department of Health;
(III) Oklahoma State Department of Mental Health, gerontological representative;
(IV) Oklahoma Senior Corps Directors Association;
(V) Oklahoma State Nutrition Directors Association;
(VI) Urban League, alternating by term between Oklahoma City and Tulsa chapters;
(VII)(VI) Oklahoma Indian Council on Aging;
(VIII)(VII) Oklahoma AARP;
(IX)(VIII) Oklahoma Federation of Chapters of the National Association of Retired Federal Employees;
(X)(IX) Oklahoma Alliance on Aging;
(XI)(X) Oklahoma Retired Educators Association;
(XII)(XI) Silver Haired Legislature Alumni; and
(XIII)(XII) Oklahoma Health Care Authority; and
(iii) nine 10 at-large members nominated and appointed by the OKDHS Director to ensure ethnic, geographical, and demographical balance.
(2) Duties of the State Council on Aging include:
(A) communicating the needs, conditions, and concerns of older Oklahomans with entities including the:
(i) Oklahoma Commission for Human Services;
(ii) OKDHS Director and the ASD AS director;
(iii) State of Oklahoma Governor's Office;
(iv) Oklahoma State Legislature;
(v) United States Oklahoma Congressional Delegates;
(vi) state agencies;
(vii) federal agencies; and
(viii) general public;
(B) reviewing and commenting on all policies, budget appropriations, planning regulations, and legislation that benefit or adversely impact older Oklahomans, and advocating for their concerns and issues while maintaining high visibility and a strong voice;
(C) monitoring and evaluating the provision of services to older Oklahomans;
(D) conducting public forums and seeking input on the needs, conditions, programs, or issues involving older Oklahomans; and
(E) advising the ASD AS director on all matters pertaining to:
(i) development and implementation of policies, budget appropriations, planning, regulations, and standards;
(ii) effective and efficient administration of division programs;
(iii) development of training and educational programs; and
(iv) administration of ASD AS functions.
PART 7. PROGRAM STANDARDS FOR SERVICES FUNDED UNDER TITLE III
340:105-10-77. Congregate meals food preparation and service
(a) Policy.All preparation and serving of food for the Congregate Meals Program meet all applicable state and local fire, health, sanitation, and safety regulations.Food preparation and delivery is performed in the most cost efficient manner possible.
(b) Authority.The authority for this Section is Section 339 of the Older Americans Act of 1965, as amended and the Oklahoma State Department of Health Code, Section 2-101 and 2-102 Food Service Establishment Regulations found at Oklahoma Administrative Code (OAC) 310:257-5-9, 310:257-5-52, and 310:257-5-62.
(c) Procedures.
(1) Projects with multiple serving sites make every effort to consolidate all meal preparation at one facility.Such consolidation is undertaken only when delivery distances and holding times make it feasible.
(2) The project director or designee arranges for all appropriate fire, health, safety, and sanitation inspections and responds appropriately to all identified deficiencies.
(3) All food preparation staff work under the supervision of a certified food handler who ensures the application of hygienic techniques and practices in food preparation and service.
(4) Tested, quality recipes, adjusted to yield the number of servings needed, must be used to achieve the consistent and desirable quality and quantity of meals.Uniform, standardized recipes that provide for required amounts per serving are used when feasible.
(5) Meal service is designed so that hot food is available for at least one-half hour after serving begins to enable individuals who arrive late to receive a meal.
(6) Holding time from the completion of food preparation until all meals are served at each site shall not exceed two four hours.
(7) Temperatures are taken and documented daily before foods are removed from the stove or oven.Satellite nutrition sites record food temperatures immediately upon arrival at the site.
(8) Temperatures of hot and cold foods are taken and documented daily after food is placed on the steam table or immediately before serving.If temperatures fall below the recommended level, foods are heated to the proper temperature.Foods are not reheated on a steam table as they may reach temperatures that are too hot to be eaten safely and may suffer in quality and consistency.
(9) Daily temperatures of hot and cold foods are documented in writing and kept at the Title III senior nutrition site and made available for random review by the site manager, Area Agency on Aging staff, consulting dietitian, and state dietitian.
(d) Cross references.See Refer to OAC 340:105-10-50.1(a)(4) and (7), 340:105-10-51, 340:105-10-68 through 340:105-10-76, 340:105-10-78 through 340:105-10-80, and 340:105-10-86.
340:105-10-85. Home delivered meals packaging and delivery
(a) Policy.Home delivered meals are packaged and delivered to ensure temperature control and prevent contamination and spillage.
(b) Authority.The authority for this Section is Oklahoma State Department of Health Food Service Establishment Regulations Oklahoma Administrative Code (OAC) 310:256-5-9 310:257-5-9, 310:257-5-52, and 310:257-5-62and Section 1321.11 of Title 45 of the Code of Federal Regulations.
(c) Procedures.This Section is implemented by including procedures for:
(1) packaging and handling up to the point of delivery of the meals.
(A) Hot foods are maintained at a minimum of 135 degrees Fahrenheit.
(B) Cold foods are maintained at a temperature no more than 41 degrees Fahrenheit.
(C) Frozen foods are maintained frozen and hard;
(2) performing temperature checks at least quarterly on a random basis to ensure food is delivered at the proper temperature.Documentation of these checks is maintained by the provider and monitored by the Area Agency on Aging;
(3) packaging and packing cold, hot, and frozen foods separately;
(4) packaging meals individually and in secondary insulated food carriers to meet established safety and sanitation standards;
(5) delivering meals within one hour four hours of packaging leaving the production site; and
(6) dating all disposable meal containers with the packaging date.;
(7) marking individual meals with an expiration date by which they are consumed, refrigerated, or discarded; and
(8) providing instructions with all home delivered meals regarding reheating or chilling if needed before consumption.
(d) Cross references.See Refer to OAC 340:105-10-50.1(a)(4), 340:105-10-51, 340:105-10-68, 340:105-10-70, 340:105-10-74 through 340:105-10-79, 340:105-10-82 through 340:105-10-84, and 340:105-10-86.
