3076 Delivery of Client Services Directly Prohibited | ADMINISTRATION-5600-MANUAL
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Georgia Division of Aging Services |
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Chapter: |
3075 Compliance |
Effective Date: |
12/05/2023 |
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Section Title: |
Delivery of Client Services Directly Prohibited |
Reviewed or Updated in: |
MT 2024-02 |
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Section Number: |
3076 |
Previous Update: |
MT 2023-01 |
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Summary Statement
The Georgia Department of Human Services (DHS) Division of Aging Services (DAS or Division) as the State’s State Agency for Aging as defined in the Older Americans Act of 1965, as amended, must comply with provisions of the act that prohibit delivery of supportive services, in-home services, or nutrition services to clients directly from the State Agency, or Area Agencies on Aging designated to serve regions of the state.
The Act provides limited exceptions to the prohibition on direct services for Case Management, Information and Assistance, and with the approval of the State Agency for Aging according to criteria established in the Act, refer to 42 U.S.C. § 3027(a)(8)(A).
Scope & Application
This section establishes standards to ensure that the Division of Aging Services and its designated Area Agencies on Aging comply with the requirements of the Older Americans Act of 1965, as amended, regarding delivery of services directly, including review and approval of exceptions enumerated in the act for Case Management, Information and Assistance, and as approved by the State Agency according to criteria established in the Act:
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Part of the AAA Administrative function
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That the Area Agency can provide more cost effectively and at a comparable or higher quality
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Necessary to ensure availability in the planning and service area.
The Division will monitor initial and continuing compliance as part of the annual Area Plan Process and using any other method as appropriate to each request.
Basic Considerations
This section defines the term, services delivered directly, applicable to home and community services provided by or under contract from the division.
The Division of Aging Services shall not deliver services directly to clients except those provided as a component of Adult Protective Services, Public Guardianship, Forensics Special Initiatives Unit elder abuse prevention activities, SHIP/MIPPA grant activities, or any other activity required by statute, regulation, or award.
Services delivered directly are defined as services that Area Agency/Regional Commission staff, or volunteers directly under the supervision of such staff, deliver to clients without referral to a provider agency. Such services may be to clients referred or assigned by other Area Agency/Regional Commission staff including but not limited to ADRC, Case Management, or Administrative staff and for which there may be risk for conflict of interest or preferential referrals.
Ethics & Conflicts of Interest
The Division of Aging Services, and Area Agencies on Aging will comply with Older Americans Act requirements, Federal and State law, and applicable policy regarding conflict free referrals, commercial relationships, and conflicts of interest. Refer to Section 3018 of this manual.
Procedures
Area Agencies on Aging must report continuing services delivered directly by the AAA as part of their annual Area Plan submission to the Division, and as specified in Division Area Plan Instructions.
For Home and Community Based Services provided directly, the AAAs must apply for a waiver.
The Division provides timely review and approval of area plan amendments or waiver applications for AAA delivery of services directly, using a process to evaluate programmatic, fiscal, and compliance impact of each request. Waivers will not last more than one fiscal year and subsequent waiver applications for the same service will receive stricter scrutiny regarding genuine efforts to locate appropriate direct service providers for all or some of the PSA.
DAS will approve requests to provide services directly:
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In cases in which an AAA requests approval to provide services at the beginning of a new plan cycle, or at the beginning of a subsequent year of that planning cycle, DAS will review all documentation and prepare a letter to the agency providing notification of approval or disapproval of the request.
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In cases in which a AAA requests approval to provide services on an emergency basis for a negotiated period during a given fiscal year, DAS will review all documentation and prepare a letter to the AAA providing notification of approval or disapproval. All documentation will become a part of the area plan or area plan update
AAA authorization to provide services directly by waiver is limited to one year.