340:105-1-6. Area agencies on aging
(a) AAA designation. In accordance with Title III provisions for designation of planning and service areas (PSA) and area agencies on aging (AAAs), the state is divided into 11 sub-state districts, each of which has a designated AAA which is funded by Aging Services Division (ASD). Levels of funding are determined by ASD based upon a formula that considers the number of older persons, number of minority older persons, and number of low income older persons in the PSA. AAAs are private or public non‑profit organizations or function independently within a large private or public non‑profit organization.
(b) AAA responsibilities. Each AAA is responsible for carrying out planning, coordination, administrative, and programmatic functions within the respective PSA, as prescribed by state and federal laws and regulations and standards promulgated by ASD.
(c) Area Plans. AAAs annually develop an Area Plan for the delivery of services within their PSA. Area Plans are submitted to ASD with an application for funding. Area Plans set forth specific goals and objectives that indicate how an AAA implements its responsibilities under the Older Americans Act during the period of time the plan encompasses. ASD works with each AAA to ensure coordination and consistency between the State and Area Plans, and to maximize use of available resources.
(d) AAA activities. AAAs survey the older population of their respective PSA on a regular and ongoing basis to determine the needs of older persons and the priorities of those needs, and coordinate services to meet the needs based upon available financial and other resources.
(1) The AAA is responsible for planning, development, and administration of grants within its PSA, consistent with existing needs and available resources, and within applicable regulations and guidelines.
(2) Services are provided by private or public organizations pursuant to grants from, or contracts with, the AAA.
(3) Information and assistance services may be provided as a direct service of the AAA or pursuant to a grant or contract. AAAs may provide other limited direct services, subject to approval by ASD.
(e) Monitoring of AAAs. AAAs are regularly monitored and assessed by ASD with regard to their performance based upon adherence to the goals of their Area Plan, completion of goals and objectives, compliance with applicable laws, regulations, and policies, and progress in implementation of an effective comprehensive and coordinated system of service delivery within their PSA.
(1) If the AAA is not in compliance with applicable standards or is not pursuing goals and objectives satisfactorily, the non-compliance or deficiency is recorded at the State Office. The AAA is notified of the non-compliance or deficiency and given a due date for re-evaluation or assessment.
(2) If the AAA is unable or refuses to respond adequately to the notice of non‑compliance or deficiency within the specified time period, ASD may withdraw designation of the agency as an AAA after reasonable notice and opportunity for a hearing, or may take other administrative action as deemed appropriate by ASD.