3002 Designation of Planning and Service Areas

Georgia State Seal

Georgia Division of Aging Services
Administrative Manual

Chapter:

3000 Area Agency on Aging (AAA) Administration

Effective Date:

09/07/2023

Section Title:

Designation of Planning and Service Areas

Reviewed or Updated in:

MT 2024-01

Section Number:

3002

Previous Update:

MT 2021-01

Policy Summary Statement

It is the policy of the Division of Aging Services that the Division and the Area Agencies on Aging will comply with Older Americans Act (OAA) and regulations for the designation of planning and service areas.

Regional Boundaries

Designation of Boundaries within a State

The State shall be divided into distinct planning and service areas (PSAs), with consideration of the geographical distribution of older individuals in the State, the incidence of the need for services provided under the OAA, the distribution of older individuals who have the greatest economic need as defined in the OAA, the distribution of older individuals who have the greatest social need as defined in the OAA, the distribution of resources available to provide such services, boundaries of existing areas within the State which were drawn for the planning or administration of services and programs, and other relevant factors.

In consideration of drawing the boundaries for a PSA, the State:

  • May designate any unit of general-purpose local government which has a population of 100,000 or more,

  • May designate any region recognized for purposes of areawide planning which included one or more such units of general-purpose local government,

  • Is encouraged to include the area covered by an appropriate economic development district involved in planning and services for an area.

Relationship between DHS Regional Boundaries and DAS Planning and Services Areas

Pursuant to federal law concerning designation of planning and service areas (PSAs), aging services program boundaries are separate from and not dependent upon designation of state service delivery boundaries as established by O.C.G.A. §50-4-7, by O.C.G.A. §50-8-1, or as otherwise determined. Should boundaries change for the Department, for the Regional Commission, or for other reasons, the Division of Aging Services may entertain review of its current designation of PSAs.

Procedures for Changing Boundaries

When the Division changes or proposes to change operating regions or the boundaries of the existing planning and service areas, the Division will follow certain procedures in order to comply with both Division policy and federal mandates. The Division must:

  • Provide reasonable notice of the proposed boundary change. Each area agency on aging affected by the proposed change will be sent notice of the intent to designate new PSAs. If necessary, the Division may entertain designation of different area agencies on aging if the respective PSAs are defined by different geographical boundaries.

  • Document the need for the proposed change, including facts and evidence from creditable sources.

  • Arrange for and conduct public hearings in appropriate locations, in consultation with existing area agencies affected by the proposed boundary changes and solicit public comment on the proposed changes.

  • Involve area agencies on aging, service providers, and older individuals in the planning and service area in the action or proceeding.

  • Officially designate the Planning and Service Areas.

  • Provide to an adversely affected party for an appeal of the Division’s decision to the Assistant Secretary for Aging of the U.S. Department of Health and Human Services.

Designation and Re-Designation

Existing Planning and Service Areas

Existing PSAs shall continue to be designated unless changes in existing boundaries or the designation of additional PSAs becomes necessary for the assurance of the efficient and effective administration of the programs authorized by the Older Americans Act.

For current PSA designation, the Division took into account factors including the following:

  • The distribution of the State’s adult age 60+ population, including those with incomes below the Bureau of Census poverty level

  • The views of public officials of the units of general-purpose local government

  • The need for supportive services and the location of resources available to provide such services

  • The boundaries of existing areas within the State which were drawn for planning or administration of supportive services programs

  • The location of units of general-purpose local government within the State

  • Any other relevant factors.

Additional Planning and Service Areas

If or when the Division determines that changes in the designation of PSAs is necessitated by the evidence:

  • A proposed PSA shall be contiguous with, a combination of, or a subdivision of an existing planning region established within the State.

  • The Division will document the basis for the designation of each new or redrawn PSA

  • The Division shall provide reasonable notice of an action or proceeding to the affected area agencies on aging, subcontractor organizations, and advisory councils by registered mail, certified mail, or statutory overnight delivery

  • The Division shall provide in the notice the documentation for the need for the action or proceedings. The documentation will include:

    • Statutory authority for the action

    • Summary of projected impact of action on clients within service areas affected

    • The anticipated improvements in service that will result from the action being taken.

Public Hearing

The Division shall conduct a public hearing for the action of proceedings and shall:

  • Register participants at the hearing and record oral testimony presented

  • Have created a report consisting of a summary of all oral testimony at the hearing, all written testimony received, and a list of the names of all persons attending the public hearing. This report of the proceedings will be presented to the Division and Department leadership staff within 30 calendar days of completion of the hearing.

  • The Division shall request written comments from area agencies on aging, service providers, and older individuals on the action or proceedings.

If a decision is made to change any existing PSAs or add additional PSAs, then the Division:

  • Shall allow for an appeal by adversely affected applicants as prescribed by the Older Americans Act and its regulations to the Department of Health and Human Services Assistant Secretary on Aging of the decision of the Division on the action or proceeding.

  • Shall work with affected agencies to provide for an orderly transition to ensure continuity in the provision of services to older persons in the PSA. (Refer to Section 3004, Transition Planning).

Application for Designation Hearing

Applicants for consideration to be designated by the State as a PSA shall submit a written application to the Division according to time frames and due dates established by the Division. The application will include:

  • The distribution of persons aged 60 and older within the proposed PSA in relation to those other counties within the state regional planning area involved, with specific identification of the number and percent of those persons who demonstrate the greatest economic and greatest social need;

  • A narrative and statistical description of the incidence of need in the PSA for services supported by the Older Americans Act;

  • A list of agencies in the PSA that provide services supported by the Older Americans Act; and

  • A map of the proposed area depicting the relationship to existing areas recognized for purposes of areawide planning which included one or more such units of general-purpose local government, to existing economic development district areas, to boundaries of other districts created by the Department, and to boundaries of the state health districts.

If the application is for designation as an interstate PSA, it shall include:

  • Written documentation of local interstate governmental agency support;

  • A list and description of those agencies providing aging services within the interstate area involved; and

  • A description of particular local conditions that may affect the written agreements made by each State as required by federal regulations.

Appeals of PSA Designation

Parties who are adversely affected by a designation may bring an appeal to the Assistant Secretary of the Administration on Aging on the basis of the following:

  • The facts and merits of the matter that is the subject of the action or proceeding; or

  • Procedural grounds.

The Assistant Secretary’s decision on the appeal may affirm or set aside the decision of the Division. If the Assistant Secretary sets aside the decision, the Division shall nullify its action.

Hearing Procedures for Applicants for PSA Designation

Right to a hearing

Any applicant for designation as a PSA whose application is denied by the Division has a right to a hearing to appeal such denial.

Request for a hearing

The applicant shall request the hearing in writing and shall specifically state the grounds upon which the Division’s decision is appealed and all grounds upon which the petitioner refutes the decision. The written request shall include:

  • The dates of all relevant actions;

  • The names of all individuals involved in the action;

  • A specific statement of any section of the Act or regulations believed to have been violated; and

  • A certified copy of the minutes or resolution in which the applicant’s governing body requests a hearing and authorizes a person or persons to act on behalf of the agency or organization. The minutes or resolution shall indicate adoption by a majority of the quorum or the governing body of the agency or organization.

Timeframes for Filing and Amending the Request

The petitioner shall file the request with the Division within thirty (30) calendar days of receiving the decision.

The petitioner may submit written amendments to the request for hearing that must be received by the Division not less than ten (10) calendar days prior to the hearing date.

The Division may require that the petitioner provide additional information as to the basis for the appeal at any time prior to the hearing.