3019 Provision of Services by Area Agencies on Aging

Georgia State Seal

Georgia Division of Aging Services
Administrative Manual

Chapter:

3000 Area Agency on Aging (AAA) Administration

Effective Date:

08/16/2022

Section Title:

Provision of Services by Area Agencies on Aging

Reviewed or Updated in:

MT 2023-01

Section Number:

3019

Previous Update:

MT 2014-02

Summary Statement

Area Agencies on Aging shall follow federal and state laws, rules and regulations pertaining to the provision of services.

Requirements

Older Americans Act (OAA) Services

No supportive or nutrition services will be directly provided by a AAA, except where in the judgment of the Division of Aging Services (DAS), the provision of those services:

  • Is necessary to assure an adequate supply of services, or

  • Such services are directly related to an AAA administrative function, or

  • Such services of comparable quality can be provided more economically by the respective agency.

These requirements apply to AAAs only to the extent that the laws and regulations governing their placement in units of general purpose local government, if applicable, allow for the direct delivery of services. Free-standing non-profit agencies designated as area agencies on aging may provide services directly, subject to their capacity to do so, but only to the extent that all other criteria for competitive procurement apply and are met.

DAS will consider the following criteria in determining the appropriateness of direct delivery of services:

  • The adequacy of the current supply of services;

  • An evaluation of the ability of the agency to provide service(s) of comparable quality and more economically than by contractual arrangements, based upon responses to the competitive procurement process

Administrative service or function/Integral to the AAA

Administrative or service functions that are considered to be integral to Area Agency administration may be provided directly without a specific waiver request. These include:

  • Planning

  • Program Development

  • Coordination

  • Outreach

  • Advocacy

  • Service Intake and Applicant Screening

  • Information and Assistance, including Benefits Counseling

  • Case Management, including Caregiver Support Coordination

  • Benefits Counseling

  • Caregiver Education and Training

  • Services purchased through “direct purchase of service” (DPS) procurement methods.

Case Management

Based on a March 7, 2003 opinion rendered by Georgia Attorney General Thurbert E. Baker, Area Agencies on Aging based in Regional Commissions may provide case management services directly without creating a conflict with state laws governing the operations of Regional Development Centers.

The Older Americans Act allows AAAs to directly provide Case Management Services only if the AAA was providing such services prior to the effective date of the approved State Plan. Case Management Services may be contracted to a provider agency.

Information and Assistance

The Older Americans Act allows Area Agencies on Aging to provide Information and Assistance Services directly.

Request to Provide Services

AAAs may submit a request to provide a service directly:

  • With an area plan or area plan amendment or update

  • When it is necessary to comply with service requirement of the Older Americans Act

  • When emergency situations warrant submission of an application to maintain service deliver.

If an emergency exists which threatens the health and welfare of a significant portion of the elderly population, such as a breach of contract, unlawful activity, severe mismanagement or lack of availability of any other provider for the service, the AAA shall, after notifying DAS and receiving interim approval, take immediate action to provide the needed services.

Refer to Section 3076 in the manual for Procedures to request a waiver to provide services directly by the AAA.

References

Older Americans Act, as amended 2000, §307(a)(8)

MAN 5600, Section 3076, Delivery of Client Services Directly Prohibited