1011 Authority

Georgia State Seal

Georgia Division of Aging Services
Administrative Manual

Chapter:

1000 Division of Aging Services Introduction

Effective Date:

10/01/2025

Section Title:

Authority

Reviewed or Updated in:

2026-02

Section Number:

1011

Previous Update:

N/A - NEW

Summary Statement

The Older Americans Act (OAA), first passed in 1965, authorizes a broad range of programs and services designed to help older adults age in place. These programs include home-delivered and congregate meals, support for family caregivers, preventive health services, personal and home care, transportation, legal assistance, elder abuse prevention, ombudsman services for residents of long-term care facilities, and more. In February 2024, the Administration for Community Living (ACL) issued a final rule updating the regulations for administering OAA programs. This update strengthens the national aging network responsible for delivering these services and enhances program implementation. Its primary goal is to ensure that, as the population of older adults grows, they can access the services and supports needed to live independently and thrive in their homes and communities. By modernizing these regulations, ACL aims to address current and future challenges, improving service delivery and promoting the well-being and integration of older adults into their communities.

Regulatory Authority and Governance

The OAA authorizes grants to the State Agency (also sometimes referred to as the State Unit on Aging (SUA)), which provides funding to Area Agencies on Aging (AAAs) to coordinate programs and advocate for older adults and family caregivers. A final rule, issued by ACL on February 6, 2024, modernized OAA regulations with the following goals:

  • Ensuring services are prioritized for individuals with the greatest economic and greatest social needs.

  • Strengthening oversight to ensure effective use of OAA funds.

  • Streamlining administrative responsibilities for SUAs and AAAs.

Administration on Aging (AOA) and Administration on Community Living (ACL)

The Administration on Aging (AoA), under the Administration for Community Living (ACL), is responsible for overseeing the OAA within the U.S. Department of Health and Human Services (HHS). The ACL handles policy and administrative decisions regarding the OAA. The final rule clarifies various requirements for SUAs and AAAs to improve transparency, including:

  • Plan requirements and program coordination.

  • Service area planning and monitoring responsibilities

  • Policies, fiscal requirements, approval processes, and managing conflicts of interest.

State Agency

State Agencies (also called (SUAs)) are responsible for statewide planning, policy development, and oversight of OAA programs and AAAs, ensuring that services align with federal requirements as required by C.F.R. §1321, Subpart B:

  1. Mission of the State Agency (45 C.F.R. § 1321.5): The State Agency’s mission is to lead and advocate for the needs of older adults and family caregivers within the state.

  2. Organization and staffing of the State Agency (45 C.F.R. § 1321.7): The State Agency must maintain an adequate organizational structure and sufficient qualified staff to fulfill its responsibilities effectively.

  3. State Agency Policies and Procedures (45 C.F.R. § 1321.9): The State Agency is required to establish and maintain comprehensive policies and procedures to guide its operations.

  4. Advocacy Responsibilities (45 C.F.R. § 1321.11): The State Agency must actively advocate for older adults’ needs and interests, ensuring their voices are heard in state policies.

  5. Designation of and Designation changes to planning and service areas (45 C.F.R. § 1321.13): The State Agency is responsible for designating planning and service areas and can make changes as necessary.

  6. Interstate Planning and Service Area (45 C.F.R. § 1321.15): The State Agency must coordinate planning and service areas that extend across state lines.

  7. Appeal to the Departmental Appeals Board on Planning and Service Area Designation (45 C.F.R. § 1321.17): Entities may appeal to the Departmental Appeals Board regarding decisions on planning and service area designations.

  8. Designation of and Designation changes to area agencies (45 C.F.R. § 1321.19): The State Agency is tasked with designating area agencies on aging and managing any necessary designation changes.

  9. Withdrawal of area agency designation (45 C.F.R. § 1321.21): The State Agency has the authority to withdraw the designation of an area agency on aging when appropriate.

  10. Appeal to the Departmental Appeals Board on Area Agency on Aging Withdrawal (45 C.F.R. § 1321.23): Affected parties can appeal to the Departmental Appeals Board if an area agency’s designation is withdrawn.

  11. Duration, format, and effective date of the State Plan (45 C.F.R. § 1321.25): The State Agency must define the duration, format, and effective date of the State Plan for aging.

  12. Content of State Plan (45 C.F.R. § 1321.27): The State Plan must outline specific elements such as service delivery strategies and funding allocation.

  13. Public participation (45 C.F.R. § 1321.29): The State Agency is required to ensure public participation in the development of the State Plan.

  14. Amendments to State Plan (45 C.F.R. § 1321.31): The State Agency must establish processes for making amendments to the State Plan as needed.

  15. Submission of the State Plan or plan amendment to the Assistant Secretary for Aging for approval (45 C.F.R. § 1321.33): The State Agency must submit the State Plan or any amendments to the Assistant Secretary for Aging for approval.

  16. Notification of State Plan or State Plan Amendment Approval or Disapproval for Changes Requiring Assistant Secretary for Aging Approval (45 C.F.R. § 1321.35): The State Agency must notify relevant parties of the approval or disapproval of the State Plan or amendments.

  17. Notification of State Plan Amendment Receipt for Changes Not Requiring Assistant Secretary for Aging Approval (45 C.F.R. § 1321.37): The State Agency must inform relevant parties upon receipt of amendments that do not require approval from the Assistant Secretary for Aging.

  18. Appeal to the Departmental Appeals Board Regarding State Plan on Aging (45 C.F.R. § 1321.39): There is a provision for appealing to the Departmental Appeals Board concerning decisions related to the State Plan on aging.

  19. When a disapproval decision is effective (45 C.F.R. § 1321.41): The regulations specify when a disapproval decision regarding the State Plan becomes effective.

  20. How the State agency may appeal the Departmental Appeals Board Decision (45 C.F.R. § 1321.43): The State Agency has the right to appeal decisions made by the Departmental Appeals Board.

  21. How the Assistant Secretary for Aging may reallot the State Agency’s Withheld Payments (45 C.F.R. § 1321.45): The Assistant Secretary for Aging has the authority to reallocate withheld payments to the State agency under certain conditions.

  22. Conflicts of interest policies and procedures for State agencies (45 C.F.R. § 1321.47): The State Agency must establish policies and procedures to prevent conflicts of interest in its operations.

  23. Intrastate funding formula (45 C.F.R. § 1321.49): The State Agency is responsible for developing an intrastate funding formula to allocate resources effectively among service areas.

  24. Single planning and service area States (45 C.F.R. § 1321.51): States with a single planning and service area must adhere to specific guidelines outlined in the regulations.

  25. State agency Title III and Title VI coordination responsibilities (45 C.F.R. § 1321.53): The State Agency must coordinate activities under Title III and Title VI to ensure comprehensive service delivery to older adults.

Area Agencies on Aging (AAAs)

AAAs coordinate service delivery at the local level, tailoring programs to meet the specific needs of older adults in their communities, while advocating for their well-being and rights as required by C.F.R. §1321, Subpart C.

  1. Mission of the AAA (45 C.F.R. § 1321.55): The mission of the AAA is to promote the development or enhancement of comprehensive, coordinated community-based systems of services for older adults within their planning and service area. This includes prioritizing services to those with the greatest social and economic needs, particularly low-income minority older persons.

  2. Organization and Staffing of the AAA (45 C.F.R. § 1321.57): Each AAA must have an appropriate organizational structure and sufficient qualified staff to carry out its responsibilities. The AAA’s structure must support its capacity to fulfill its programmatic obligations and ensure the delivery of services as described in its area plan.

  3. AAA Policies and Procedures (45 C.F.R. § 1321.59): The AAA is required to establish and maintain written policies and procedures to guide its operations. These policies must cover aspects such as financial management, service delivery, and any relevant regulatory requirements.

  4. Advocacy Responsibilities of the AAA (45 C.F.R. § 1321.61): The AAA has an advocacy role that includes representing the interests of older adults in its planning and service area. It must advocate for improvements in services and systems that affect older adults' access to community-based services and protections.

  5. AAA Advisory Council (45 C.F.R. § 1321.63): The AAA must establish an advisory council that reflects the diversity of the community it serves. The council’s role is to provide input and advice on the development and implementation of the area plan and advocate for the needs of older adults.

  6. Submission of an Area Plan and Plan Amendments to the SUA for Approval (45 C.F.R. § 1321.65): The AAA is required to submit an area plan and any subsequent amendments to the State Unit on Aging (SUA) for approval. This plan outlines how the AAA will administer Title III services and fulfill its mission over a specified time frame.

  7. Conflicts of Interest Policies and Procedures for AAAs (45 C.F.R. § 1321.67): The AAA must have policies and procedures in place to prevent and manage conflicts of interest. These policies ensure that no employee, officer, or contractor has a financial interest in the programs they oversee or influence.

  8. AAA Title III and Title VI Coordination Responsibilities (45 C.F.R. § 1321.69): AAAs must coordinate Title III programs (Older Americans Act services) with Title VI services (services for Native Americans). This coordination aims to avoid duplication of services and enhance access to community-based support for older adults.

Service Requirements

Distribution of federal funds to State Agencies and AAAs are for the purpose of supporting specific services under Title III programs of the OAA. These funds are allocated to provide essential services such as supportive services, nutrition, disease prevention, and caregiver support to older adults and their families, helping to develop and enhance community-based care systems as required by 45 C.F.R. §1321, Subpart D.

  1. Purpose of Service Allotments under Title III (45 C.F.R. § 1321.71): This section outlines how funds are distributed to support services for older adults under Title III of the OAA, ensuring services meet community needs.

  2. Policies and Procedures (45 C.F.R. § 1321.73): Requires that State Agency and AAAs have policies and procedures in place to manage service delivery effectively.

  3. Confidentiality and Disclosure of Information (45 C.F.R. § 1321.75): Ensures that service providers maintain client confidentiality and only disclose information when required by law or with client consent.

  4. Purpose of Services – Person- and Family-Centered, Trauma-Informed (45 C.F.R. § 1321.77): Services provided must focus on the needs of the individual and their family, incorporating trauma-informed care to address past traumas in service delivery.

  5. Responsibilities of Service Providers under State Agency and AAA (45 C.F.R. § 1321.79): Service providers are responsible for delivering services in line with SUA and AAA requirements, ensuring compliance with federal guidelines.

  6. Client Eligibility for Participation (45 C.F.R. § 1321.81): Defines the criteria for older adults to be eligible for services under Title III, prioritizing those with the greatest needs.

  7. Client and Service Priority (45 C.F.R. § 1321.83): Establishes that services should prioritize older adults who are low-income, minorities, or have the greatest social and economic needs.

  8. Supportive Services (45 C.F.R. § 1321.85): Outlines the range of supportive services available, such as transportation, home care, and adult day care, to help older adults live independently.

  9. Nutrition Services (45 C.F.R. § 1321.87): Describes the provision of nutrition services, including meal programs, to promote health and prevent malnutrition among older adults.

  10. Evidence-Based Disease Prevention and Health Promotion Services (45 C.F.R. § 1321.89): Requires the provision of health promotion and disease prevention services that are based on scientific evidence and proven effectiveness.

  11. Family Caregiver Support Services (45 C.F.R. § 1321.91): Provides support services, including respite care and training, for family caregivers who assist older adults.

  12. Legal Assistance (45 C.F.R. § 1321.93): Ensures access to legal services for older adults, particularly for issues related to public benefits, housing, and guardianship.

  13. Service Provider Title III and Title VI Coordination Responsibilities (45 C.F.R. § 1321.95): Requires coordination between Title III programs and Title VI (services for Native Americans) to enhance service delivery and avoid duplication.

References

Older Americans Act of 1965, 42 U.S.C. § 3001 et seq.

45 C.F.R. §1321 Subpart B

45 C.F.R. §1321 Subpart C

45 C.F.R. §1321, Subpart D.