Rule Impact Statement
To: Programs administrator
Legal Services - Policy
From: Jeromy Buchanan, Director
Community Living, Aging and Protective Services
Date: June 9, 2025
Re: CHAPTER 105. AGING SERVICES
Subchapter 1. Aging Services Division
340:105-1-4 [AMENDED]
Subchapter 10. Policies and Procedures Manual for Title III of the Older Americans Act of 1965, as amended
Part 1. Introduction
340:105-10-3 [AMENDED]
Part 3. State Agency
340:105-10-11 [AMENDED]
340:105-10-13 [AMENDED]
340:105-10-14 [AMENDED]
340:105-10-16 [AMENDED]
340:105-10-17 [AMENDED]
340:105-10-18 [AMENDED]
340:105-10-19 [AMENDED]
340:105-10-20 [AMENDED]
340:105-10-21 [AMENDED]
Part 5. Area Agencies on Aging
340:105-10-31 [AMENDED]
340:105-10-33 [AMENDED]
340:105-10-37 [AMENDED]
340:105-10-41 [AMENDED]
Part 7. Program Standards for Services Funded Under Title III of the Older Americans Act of 1965, as Amended
340:105-10-50.1 [AMENDED]
340:105-10-51 [AMENDED]
340:105-10-54 [AMENDED]
340:105-10-68 [AMENDED]
340:105-10-82 [AMENDED]
340:105-10-83 [AMENDED]
340:105-10-90.1 [AMENDED]
Part 9. Fiscal and Administrative Policies for Area Agencies on Aging and Title III Projects
340:105-10-95 [AMENDED]
340:105-10-105.1 [AMENDED]
(Reference WF 26-105)
Contact: Miranda Kieffer, Programs Administrator, 405-209-7054
A. Brief description of the purpose of the proposed rule:
(i) Purpose.
The proposed amendments to Chapter 105, Subchapters 1 and 10 align with the Administration for Community Living's Final Rule (42 CFR Parts 1321-1324) under the Older Americans Act (OAA) 42 U.S.C.A §3001 et seq.
(I) Rule classification
The proposed amendments are classified as non-major rules as they will not exceed one million dollars over the initial five-year period following the promulgation of the proposed rule.
(II) A determination whether the proposed rule is mandated by federal law, or as a requirement for participation in or implementation of a federally subsidized or assisted program. Per Section 1321.9 of Title 42 of the Code of Federal Regulations [42 C.F.R. § 1321.9], requires state agencies to develop policies and procedures to align with the rule.
(III) A determination whether the proposed rule exceeds the requirements of the applicable federal law. Proposed amendments complement and do not exceed requirements of the federal law.
(IV) A summary and preliminary comparison of any existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule. Under the Older Americans Act, Oklahoma Human Services (OKDHS) Community Living, Aging and Protective Services (CAP) is the designated sole state agency, providing a focal point for all services related to older adults. The State Unit on Aging within the designated state agency receives grant funding and in turn provides funding to area agencies on aging to serve as older adult advocates and create comprehensive and coordinated community-based continuums of services and supports. As a requirement of this federal funding, OKDHS adheres to instruction in the Final Rule to align policy with updated regulations.
(ii). Strategic Plan Impact.
The proposed amendments achieve CAP goals by: (1) strengthening partnerships to improve the independence and well-being of older adults; (2) promoting safety and quality outcomes for older adults; and (3) empowering independence and choice through person-centered thinking in planning and service delivery.
(iii). Substantive changes.
Subchapter 1. Aging Services Division
Oklahoma Administrative Code (OAC) 340:105-1-4 is amended to (1) add language regarding CAP's responsibility to safeguard against conflicts of interest; and (2) clean up language.
Subchapter 10. Policies and Procedures Manual for Title III of the Older Americans Act of 1965, as amended
Part 1. Introduction
OAC 340:105-10-3 is amended to: (1) add new definitions; (2) update existing definitions to align with federal guidance; and (3) clean up language.
OAC 340:105-10-11 is amended to: (1) clarify the Oklahoma Human Services (OKDHS) mission and roles under the OAA; and (2) make minor revisions to align with updates to statutory terminology and requirements from the reauthorization.
OAC 340:105-10-13 is amended to: (1) add language ensuring tribal program coordination in the State Plan; (2) clarify State Plan descriptive and evidential elements and timelines aligning with federal requirements; (3) provide additional appeal information; (4) emphasize State Plan amendments must be available in alternative formats and languages when requested; and (5) clean up language.
OAC 340:105-10-14 is amended to: (1) clarify the range of activities requiring State Plan amendments; (2) clarify circumstances needing Assistant Secretary for Aging approval; and (3) update name changes.
OAC 340:105-10-16 is amended to: (1) add coordination language with tribes; (2) clean up language.
OAC 340:105-10-17 is amended to: (1) add language prohibiting use of federal funds for lobbying; and (2) add family caregivers to the service population.
OAC 340:105-10-18 is amended to: (1) clarify the entire state is not designated as a single planning and service area (PSA); (2) outline steps to apply for a PSA change; and (3) clean up language.
OAC 340:105-10-19 is amended to: (1) include an appeal process for PSA designations or changes; and (2) clean up minor language changes.
OAC 340:105-10-20 is amended to: (1) clarify only one Area Agency on Aging (AAA) is designated to serve a PSA and separate responsibilities are maintained when an AAA serves more than one PSA; and (2) clean up language.
OAC 340:105-10-21 is amended to: (1) add reasons AAA designations are withdrawn; (2) add appeal information; and (3) clean up language.
OAC 340:105-10-31 is amended to: (1) add the mission of the AAA; (2) add responsibilities to align with the final rule; and (3) clean up language.
OAC 340:105-10-33 is amended to: (1) include the requirement to incorporate services to address greatest economic and social need; (2) remove financial management plan requirements; (3) ensure the Area Plan is available to the public in multiple formats; and (4) clean up language.
OAC 340:105-10-37 is amended to: (1) enhance coordination efforts with Native American nutrition programs; and (2) clean up language.
Part 7. Program Standards for Services Funded Under Title III of the Older Americans Act of 1965, as Amended
OAC 340:105-10-41 is amended to: (1) clarify language regarding services are not directly provided by an AAA with limited exceptions; (2) update allowable direct services when criteria are met; and (3) clean up language.
OAC 340:105-10-50.1 is amended to: (1) remove non-evidence-based health promotion as a funded service in alignment with the new regulations; (2) update service categories for the National Family Caregiver Support Program; and (3) clean up language.
OAC 340:105-10-51 is amended to: (1) emphasize services are provided in a person-centered, trauma-informed, and culturally sensitive manner; (2) adds family caregivers as part of the intended population; (3) add assurance that services are coordinated and do not unnecessarily duplicate services provided by other sources; and (4) clean up language.
OAC 340:105-10-54 is amended to: (1) add language assuring services are coordinated and not unnecessarily duplicative; (2) remove financial management plan requirements; (3) ensure the Area Plan is available to the public in multiple formats; and (4) clean up language.
OAC 340:105-10-68 is amended to: (1) add shelf-stable or to-go meals and when they are covered under Part C of Title III; (2) add clarifying language regarding virtual and in-person congregate meal consumption; and (3) clean up language.
OAC 340:105-10-82 is amended to: (1) add clarifying language regarding where home delivered meals are consumed; (2) add an authority citation; and (3) clean up language.
OAC 340:105-10-83 is amended to: (1) update the requirements to receive home delivered meals to align with new federal rules; (2) incorporate services to address greatest economic and social need; (3) add a Part to the authority citation; and (4) clean up language.
OAC 340:105-10-90.1 is amended to: (1) update services under the National Family Caregiver Support Program to align with the new federal rule; (2) clarify functionality limits allowing for supportive services; and (3) clean up language.
Part 9. Fiscal and Administrative Policies for Area Agencies on Aging and Title III Projects
OAC 340:105-10-95 is amended to: (1) correct the authority citation; (2) update the dollar amount of funds retained for state and AAA administration as specified in federal guidance; (3) add the timeline for public comment for the funding formula; (4) add a cross reference; and (5) clean up language.
OAC 340:105.1 is amended to: (1) add an annual submission date of all non-OAA contracts by AAAs to the State Unit on Aging; and (2) clean up language.
(iv). Reasons.
CAP seeks permanent rulemaking approval to align with the Administration for Community Living Final Rule regarding programs funded under the Older Americans Act.
(v). Repercussions.
If the proposed amendments are not implemented OKDHS rules will conflict with federal law and put OKDHS at risk in Older Americans Act programs.
(vi). Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (56 O.S. § 162); Section 1-2211 et seq. of Title 63 (63 O.S. §1-2211 et seq.); and Section 6103 of Title 26 of the United State Code (26 U.S.C. § 6103).
(vii). Permanent rulemaking approval is requested.
B. A comprehensive analysis of the rule's economic impact on the Agency, including but not limited to, full-time employee count and any costs or benefits. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated. The proposed amendments are classified as non-major rules as they will not exceed one million dollars over the initial five-year period following the promulgation of the proposed rule.
C. A comprehensive analysis of the rule's economic impact outside the Agency, including a detailed quantification of implementation and compliance costs on the affected businesses, business sectors, public utility ratepayers, individuals, state or local government units, and on the state economy. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated, as well as a list of fee changes with a separate justification for each fee change: Amendments align with a substantial regulation update to the Older Americans Act program that had not been updated in this way since 1988. The Final Rule and these aligning policy edits are intended as support to those providing services in the aging network. The State Unit on Aging and the policy committee, including Area Agencies on Aging and partners, reviewed the regulations to identify impact on partners and participants, and needed changes to Oklahoma programs, rules, and procedures. Most updates reinforce practices already in place in Oklahoma. Highlights include coordination and prioritizing those in greatest social and economic need. It also provides clarity in newer services and common areas of confusion and emphasizes focus on individual and caregiver needs. It incorporates flexibilities learned from the pandemic and modernizes language. No fees are involved and no negative impact anticipated.
D. 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: The classes of persons most likely to be affected by the proposed amendments are Older Americans Act participants and service providers. The affected classes of persons will bear no costs associated with implementation of the rule. Budget impact is not anticipated for this amendment.
E. A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit from the proposed amendments are Older American Act participants and providers.
F. 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, a separate justification for each fee change: The proposed amendments do not have an economic impact on the affected entities. There are no fee changes associated with the revised rule.
G. 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 amendments neither have an economic impact on any political subdivision nor require the cooperation of any political subdivisions to implement or enforce the rule.
H. 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: The proposed amendments place no additional burden not already imposed by federal or state law and regulations. There are no additional, anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
I. A description of any measure taken by the Agency to minimize the cost and impact of the proposed rule on business and economic development in this state, local government units of this state, and individuals: The proposed amendments do not place associated costs on nor impact economic development in this state, local government units, nor individuals.
J. 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 of the proposed amendments will keep OKDHS in compliance with federal regulations. OKDHS does not anticipate the proposed amendments to significantly reduce any other public health, safety, or environmental risks.
K. A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed amendments are not implemented the public health, safety, and environment will not be negatively affected.
L. An analysis of alternatives to adopting the rule: There are no alternatives to adopting the proposed amendments. Adopting the rules are necessary as a condition of the federal funding under the Older Americans Act. OKDHS CAP is the designated state agency to distribute funding throughout the state for aging services. Without these rule changes, funding may be in jeopardy to service providers and subsequently services to older Oklahomans.
M. Estimates of the amount of time that would be spent by state employees to develop the rule and of the amount of other resources that would be utilized to develop the rule: An estimated 40 hours of time spent training, publishing materials, writing Quest articles, and similar activities are expected. This time only considers anticipated implementation activities of these rules by state employees.
N. The date the rule impact statement was prepared and, if modified, the date modified: Prepared August 25, 2025 ; modified
